| Viewing from the perspective of the compilation of the New Criminal Law of the Qing Dynasty, the power struggles between legislative and executive authorities in the political reform of Late Qing Dynasty can be divided into two stages. At the first stage, there were the scrambles for the law drafting power between chancellors responsible for the law revision, the Legal Ministry and the Supreme Court. At the second stage, there were struggles for the power of law assessment and the power of final judgment between the Constitutional Compilation Bureau and the Primary Congress. The struggle for legislative power was influenced by both the struggle between legislative and executive institutions and the struggle between the School of Feudal Ethics and the School of Law. In the struggle, both sides had shown a certain degree of self-restraint, although the executive authority was quite powerful and once attempted to take control over the legislative domain. The power struggle clarified the functions and authorities of legislative and executive institutions, basically maintained the order established during the preparation for constitutionalism in the late Qing Dynasty and therefore was indeed of some positive significance. The compromise that had been reached in the power struggle between legislative and executive authorities could be attributed to the existence of a higher authority and to the fact that the key figures in the struggle held positions in both the legislative and the executive institutions. |
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