| According to the prevalent opinions in the textbooks on Chinese legal history, the main purpose of the 1912 Temporary Constitution of the Republic of China was"to check the power of Yuan Shikai with a constitution". This proposition, originally meant to confirm this constitution as a positive one, was later used by some people as evidence for their accusation that the Temporary Constitution was a"legislation suited to a particular person". Although such accusation serves to clear up confusions in the area of legal value, historical evidence shows that the"duty cabinet"system in the Temporary Constitution was not directed against Yuan Shikai, but rather a measure adopted by the Temporary Senate to expand its own power. The main defect of the Temporary Constitution is not the"duty cabinet"system itself, rather the lack of sound rules to ensure its normal operation. |
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