CAJ | 학술논문

民国初年,在短时间内,中国政体先后经历了总统制、内阁负责制、总统制的急剧变化。与此相适应,围绕总统的产生和地位、总统的权力、总统与立法机构和司法机构的关系等方面的法律规定,也先后经历了由《中华民国临时政府组织大纲》到《中华民国临时约法》再到《中华民国约法》的变化。三者之间,既有继承和发展,又有否定和倒退。
민국초년,재단시간내,중국정체선후경력료총통제、내각부책제、총통제적급극변화。여차상괄응,위요총통적산생화지위、총통적권력、총통여입법궤구화사법궤구적관계등방면적법률규정,야선후경력료유《중화민국림시정부조직대강》도《중화민국림시약법》재도《중화민국약법》적변화。삼자지간,기유계승화발전,우유부정화도퇴。
In the short period of time of early Republic of China, the political system had experienced a dramatic change from Presidency, Responsibility Cabinet, and Presidency in turn. Accordingly, the presidency had also experienced a series of events from inheritance, development as well as negation and regression in relation to president＇ s emergence, position, power of the president and his relationship with the legislative and judiciary institutions, from which three constitutional laws had passed, the Interim Organizational Law of the Republic of China, the Interim Constitution of the Republic of China and the Constitution of the Republic of China.