高一涵监察思想研究——以高一涵《宪法上监察权的问题》为中心

高一涵是皖西籍现代著名社会活动家、法学家和五四新文化运动早期的重要人物。30年代后,高一涵在国民政府中长期担任监察官员.在30年代初的宪法讨论中,高一涵通过著名论文——《宪法上监察权的问题》,具体而深入地阐发了自己的监察思想。孕育高一涵监察思想和相关制度建设之主张的思想渊源首先应是其留学、五四、大革命时期形成的国家民主政治理念,其次则为中国传统法学资源中的监察制度及其文化,而现实中国的政治进程与实践也促进了其监察思想的最终形成。

The Research of Gao Yihan's Supervision Thought

Gao Yihan was from west of Anhui.He is a famous social activist,a law expert and a significant person during the beginning of May Fourth.Movement By the end of 1930s,he had acted as a supervision official in the National Government for a long time.In the discussion of the constitution at the early 1930s,he expressed his concrete supervision thoughts deeply in his famous essay.The Problem of the power of Supervision in the Constitution.His supervision thoughts and opinions of some relevant system construction were built because of his overseas study and the understanding of national democratic politics which formed in "Wu Si" and the Great Revolution.Secondly,his thought were caused by the traditional Chinese supervision and culture of law resources.Additionally,the political progress and practice of then China promoted his supervision thoughts.