伪满《组织法》解析

伪满洲国成立后很快构筑了基本法体系。伪满基本法中,规定政府机关职能及其相互关系的《组织法》处于核心地位。本文重点分析了《组织法》对傀儡政权的政治设计。作者认为:日本殖民者设置"参议府"是为了防止立法权和行政权出现独立的倾向;虽然《组织法》包含着权力分立的原则,但实际上立法权、监察权均是行政权的点缀;伪满政权立法迅速,但并不周详,《组织法》的个别条款存在混乱和矛盾。

Analysis of Organic Law of Puppet Manchuria

After the establishment of puppet Manchuria by Puyi under the supervision of the Japanese aggressors in the 1930s, the legal framework was soon built.In the framework,the Organic Law,which formulated the functions and relations of different departments in the governments,played a central role.Therefore,this dissertation analyzes Organic Law’s political design on the puppet regime and the conclusion is that the purpose of the establishment of so-called Senate by the Japanese aggressors is to avoid the independence of legislative and supervisory powers.Although Organic Law was drafted under the principle of Balance of Power,the reality was that the legislative and supervisory powers were just decoration of the administrative power.Besides,the establishment of the legal framework was fast but less comprehensive and some items of the Organic Law were even contradictory.