On the French1875Reflections on the teaching years constitution

The middle school history textbook is the PEP, matched with a teaching research in Hubei Province, "the operation of the" as a student workbook using synchronization. In this workbook is a choice, clearly pointed outThe head of the government is the president of FranceHowever, in the same workbook "There is about the French Republic and the German monarchy class difficult guidance", in comparison to the project"The head of government"This column, the German prime minister is the head of government, in France the box but with a slash that leave the question open, writers also seems to be not sure the answer to this question. In addition, "the head of state, Parliament, government relations" in this column, write the researchers point out"The president is responsible to the assembly", in addition, in the class homework questions, also pointed out"The president and the cabinet ministers are responsible to Parliament", but, what version of the teaching book taught"The president of the Republic, is responsible only for treason events".

Because of the lack of teaching narrative is too simple and their professional knowledge, in the face of the contradiction between the workbook in place, the author had such bewilderment: France (discussed in this paper is the French Third Republic, i.e.1870Years to1940Years of French) the head of the government is the president or prime minister? Administrative power is in the hands of the president is in the hands of the prime minister? The president is responsible to Parliament? France is a typical parliamentary republic? The constitution is how to deal with judicial power? With these questions, the author access to relevant information, in order to more accurately understand the French1875Years of constitution and the three republic political history. Here, he told Guo Huarong "the French political system history" the fourteenth chapter and book reading and understanding to analysis of France1875Years of constitution.

A,    France1875It is a product of compromise

18Century French is the typical European autocratic monarchy, the feudal forces of the bourgeoisie contradiction and sharp, contradictory both sides refused to compromise, to meet on the battleground. Thus in the1789Outbreak of the French Revolution with the meaning of the world history, it like lightning split earth, broke out in the dark, -- lose one's temper, torrential rains, light and wash away the old world corner, but also to quickly return to the dark. Revolution did not solve the fundamental problem, after nearly a hundred years, France has been in the cycle of revolution and restoration, social turbulence, the speed of economic development is affected, the slow process of industrialization. Until1870Years, in the Franco Prussian War in the flames of war in the birth of the Third Republic of France, the French political modernization model suddenly changed, from confrontation to compromise, then no further large-scale revolution, the French began to set up the system of consultation democracy by means of. Third republics was born in France, although it is a "premature", and the French constitution has been in a "difficult", but it is the constitution that Republic and it became so far the history of France's oldest. Can say, the Third Republic Republican system is the most important historical contribution.

Bound disaster and imperial defeated by1870Years9Month4DayRevolution, but the revolution is only announced the "Republic of China", its foundation is not firm, the different political forces surrounding the establishment of what kind of regime engaged in a fierce struggle, because the king sent most occupied in parliament, the Third Republic faces an uncertain future.1871Years8Month31Day"Levy" identified as "President of the Republic of Thiers," and he should accept the supervision of the national assembly "". At this time also set members, Thiers, heads of government and the president's three post in a body, his political attitude towards the "premature" can continue to survive is essential. As at the helm of political power in the late, Thiers clearly tend to the Republic, he became the king sent deep hatred,1873Years5Month24DayMonarchists, occupy most of Parliament forced the ladder to resign and go home and monarchists marshal Mcmahon has been pushed to the throne. Then, in the school's eyes, the possibility to restore the monarchy did not disappear, but soon after, the cracks between the Bourbon orthodoxy and Orlean sent. When the prince sent be split, go from bad to worse when Republicans, influence is expanding. Later situation has changed,1874Years5January1875Years2In August, in the face of Bonaparte sent in a parliamentary election success, Republican and Bourbon two conscious of the importance of working together to stop the second imperial restoration, then, Republicans acknowledged parliamentary constitutional right (national parliament in early1871Years8Month31Announced himself as the Convention), the Republicans think a pressing matter of the moment is to complete the work of the Council to establish a republic and constitutionalism, therefore they would approach and Orlean sent to reach some compromise in order to form a majority, after all, who can not only break the top special case, is the only way to compromise with each other.1875Years1Month29Day, not abandon the fantasy monarch legislators found Constitution written in "Republic of China", has repeatedly denied the motion. In view of this situation, moderate Republican Senator Walloon skillfully made a constitutional amendment: "in order to presidential Republic, by the Senate and representatives to form a national assembly elections, by an absolute majority, President7Years, may be re elected."1875Years1Month30DayThe National Assembly vote, the Walloon amendment, left to right voted, monarchists lawmakers opposed, both sides still be well-matched in strength, Bolong general last position, he shilly-shally sluggish, the final vote, results, the Walloon amendment353:352Votes, the Walloon therefore known as "the father of the republic". This "one vote Republican" that some call "disgraceful, from the window seam into the Republic", indeed, the Walloon amendment is enough to show that the Republic of dystocia, after1870Years9Month,1871Years8Months and1875Years1On the three attempt, won a reluctant Republic, but it did not step the first second republic's footsteps, not soon died.

Republican parliamentary approval, which opens the way for the. But,1875"Constitution" is not usually the constitution text structure, which is composed of three constitutional legal document, "the constitution of the Third Republic of France is the unique constitutional history most short, most empirical a constitution, its vague, incomplete is reached alarming proportions, it has no preface, and no theory explains, all laws are limited to relationships were explains the various mechanism, composition, functions and powers and the election between them". This phenomenon is the special political environment, in other words, the neither fish nor fowl, great flexibility to the constitution is the product of the mutual struggle and compromise between Republicans and monarchists. Therefore, scholars Lv Yimin said: the constitution is the indifference: MPs without enthusiasm, there is no applause. In moderate monarchists eyes, this is they feel helpless to accept the Republic of China, is "less bad"; while in the moderate Republican eyes, this is a far cry from a constitutional plan "to its intended to compromise the Republic", it also needs to reform.

1875The constitution makes provision for the years of political system, people can point out its flaws, condemned its drawbacks, but cannot deny its progressive significance in establishing the Republican on the road, after the French political forces are subject to the constraints of republicanism, mutual struggle between them cannot be over this "boundary", within the boundaries is a republic, outside is a monarchy, the Third Republic to the limit of political common political activity, including the political dispute as its contents of life. Guo Huarong said: it should be pointed out that, in the history of the system1875The is a clear boundary, and announced the "republican system shall change" is1884Years.

Two,        France1875The provisions of its political system

The above points,1875Year "ambiguous, incomplete constitution has side", while the textbook interpretation of it is too simple, all kinds of books in the interpretation are not the same, therefore, the author was devoted to the study of it is necessary to combine the academic works to analyse some problems in the constitution. The following the author thinks that is for sure:First, the parliamentary system and the principle of separation of three powers to be sure.Parliamentary and presidential and legislative power and the administrative power of the government, the relationship between the checks and balances of power, the importance and political role, Parliament relatively more than the president and the government. (from the structure of system, the legislative control of the administrative power is legitimate, is the logical thing.) A bicameral parliament, Senate to implement their own management, overall, the Senate is dominant in the parliamentary system, the president to dissolve the house of representatives should get the consent of the Senate, the Senate can dissolve the provisions did not see. The constitution legislation by the Senate and house of representatives in the priority position of master, in the aspect of legislation, the president and members of the Congress "has right to initiate legislation". The constitution Senator300Name, produced by indirect election, which the national parliamentary publicity75As a senator for life, the rest225A term9Every year3Year of election1/3. Rep.600Name, elected by direct (women, soldiers were deprived of the right to vote), the term4Each year, all elections. The Senate only have the right to form the high court, the high court when the Senate "can only exercise the judicial functions", can the prosecution and trial, the trial had by the house of Representatives president sue minister.Second, the power of the president to be restricted, but the president not to Parliament. The power of the president's size is often a topic of discussion, this is because1875Constitutional leave such impression: the president received a lot of power. "The state administrative power in the president's hands, the president is the commander in chief of state and the army, have the right to appoint ministers and other senior officials, treaties and realize the amnesty, the house of Representatives agreed to have the right to appoint a cabinet, with consent of the Senate shall have the right to dissolve the house of Representatives", in fact, the third president of the Republic of the power to dissolve parliament, only to"5Month16On crisis "is used once, until the Third Republic collapse nor to use. In fact, most power of the president by Parliament constraints, the more important the more so. He is hard to implement independent policies. If the Senate opposition, the president no power to dissolve the house of representatives. Ministers are appointed by the president, but they must be responsible to parliament, rather than the president, the President issued an order, need a minister countersigns. In addition, the president's words and deeds not prosecuted, "President of the Republic only bear the responsibility in the treason".Third, the head of the French government is the prime minister.The French Constitution did not include special provisions on the prime minister, described separately minister authority regulations limited number. From the1875"The constitution" promulgated, the president of the Republic is not a member of the government or the cabinet, but the heads of state, government by ministers. The provisions of the constitution of the actual is including the prime minister. In the political framework of the Third Republic, the prime minister is the leader of the French government, he controls the whole machinery of government activities, usually he personally led the government to a certain part of the work. The relationship between the president and the prime minister is worthy of note, we already know that the powers of the president by parliament's control, but also by the government or prime minister constraints, under the Third Republic, with the passage of time, grow with each passing day the role of prime minister, and his power was more than the president, especially like Klee Clemenceau such strong men served in the government when the prime minister heads, a more prominent role.1917Years, Klee Clemenceau master prime power, he said: "only two organ is useless: prostate and president". This can be judged, heads of government of the French parliamentary republic under the prime minister.Fourth, instability of the cabinet and the Third Republic's fragile. De Gaulle pointed out that:"1875~1940We had to replace the102Government, while Britain was changed20Government, American only changed14Government." No wonder Roosevelt to De Gaulle said: "please think, I this America president, before the war and sometimes even a French Prime Minister's name could not say!" Third late Republic of cabinet instability is a recognized fact: the rapid replacement of power, the government of prime minister is short, easy to cause the domestic political activities turbulent and France international prestige suffered losses. Defect which originates from the parliamentary system, can be traced back to the disadvantages of election system, in the final analysis depends on the prevailing social contradiction development status. It is because of the French society exist various contradictions, members belong to different interest groups and political parties, who seize the opportunity, then with the help of a policy, a kind of social problems of evaluation and power, or the party figures of this group came to power. It should be noted, the fall of the cabinet is mainly down prime minister and a handful of leaders, and authority in general is still running, various departments and many senior officials of the daily work of the same. In the framework of a parliamentary republic, Parliament Struggle is a legal phenomenon, "between the parties fight with hostile careerist duel, is always a French people love to see and hear!" But the debate in parliament, "out of the motherland vitality", eventually led to the collapse of the third republic.Fifth, consolidate and enrich the third republic.1875It has confirmed the Republic, then if the opposition Republican system, was unconstitutional.1879Years1Month5Day, according to the "constitution" provides for the Senate1/3Term of office9Year member, because the French rural farmers abandoned for the emperor and the Bonaparte doctrine of superstition, to vote for the Republic, so that in the election82Seats, the Republicans made66Mat, victory.1879Years1Month30Day, under President Mcmahon recognized the It is all up with unwilling to do when the give dying kicks, resign, on the same day, the joint meeting to elect Grevi as the new president of (1879~1887). From the1873Years5Month24Day Thiers down1879Years1Month30Gigrave was elected,6Years, "no Republican Republic" into a "Republican republic".1879Years11Month3Day, the house and the Senate respectively to Luxemburg palace and the Palais bourbon, Paris became the capital of.1887Years formally identified "Marseillaise" for the Republic's national anthem. To determine the day with a flag in the1880Years, the years7Month6Day, officially announced the "Republic of China decided to annual7Month14Date as the national day",7Month14National Day parade, the army raised blue white red tricolour flag of the motherland, "said a, army, Republic never isolated together." Thus, the modern people are familiar with the image of the French Republic was confirmed, Republican political system by vivid display. After several years, republic system continues to enrich. Here only one example:2000The French "echo" in the newspaper is the "fourth power", so comments:"1881Years7Month29Law is the French press enjoys in the world can not be compared to the news freedom right".

The above is the author in reading the relevant works on thinking about some questions in this section, the author thinks that the French1875Years is "ambiguous", but it just reflects the complicated struggle of French political arena and France "to the Republic" the difficult course, also reflects the national character of the French, "they used to diversity, perhaps only against the autocratic rule and resistance to foreign invasion to make them truly million people united as one man". In addition to the German invasion of the external factors, causes the Third Republic die in one's bed is the Republic this "Parliament in power, party too much infighting failure", the Third Republic to the bitter truth repeatedly warned: Republic system is not flawless white jade, it is only the people of a kind of political system, it may contain a frequent change of the cabinet and government prestige. But it's not the republican principle failed, but because the cause of cohesion in the French Third Republic of the weak, the instability of the Third Republic of serious political disease. Since the end of World War II, the French re select the Republican system.

[Reference]

Guo Huarong: "the French political system history", people's publishing house,2005Years8Month.

Lv Yimin: "history of France", publishing house of Shanghai Academy of social sciences,2007Years12Month.