民国初年副总统的建制及其论争

The Establishment of Vice-president in the Early Republic of China and its Controversy

1911年公布的《临时政府组织大纲》中并未设立副总统,其后制定《临时约法》时为安置首义元勋黎元洪而设此职务。正式国会告成后,宪法起草委员会仍遵循前议,认为副总统有设置之必要,但副总统接任总统之方法却被草率表决为代理制。此时恰逢二次革命失败,国会中国民党势力大减,“先选后宪”遂成不可避免之事实。在《大总统选举法》急于出台的情况下,国会各党出于自身利益考量,私下协商数次后竟又推翻前议,改代理制为继承制。纵观副总统建制的整个过程,无论是南京临时政府时期抑或北京政府时期,副总统的设置均只是从政治着眼,忽视了宪制框架自身的合理性。

In 1911,the organization of the provisional government did not include a vicepresident.The provisional constitution was later enacted to create the position of patriarch Li Yuanhong.After the establishment of Congress,the Constitution drafting committee still followed the precedent that the vice-president was necessary,but the vice-president’s method of succeeding the president was hastily voted on as a proxy system.At this time,just the failure of the second revolution,the Chinese Democratic Party in Congress greatly reduced the power,first elected president and then the Constitution has become an inevitable fact.In the context of the presidential election act’s eagerness to produce results,the parties in the Congress,acting in their own interest and after several private consultations,overthrew the previous parliament and replaced the Vice-president proxy system with the system of succession.In the whole process of the establishment of the vicepresident system,no matter in the period of Nanjing Provisional Government or Beijing government,the establishment of the vice-president is only based on politics,ignoring the rationality of the constitutional framework itself.