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监察院是南京国民政府的最高监察机关,是法治的实施机关。本文以监察院弹劾权行使的情况和监察院“打虎”失败的案例,探讨国民党统治下的法治困境。从差序格局的社会生态出发,阐述其差序有别的私伦理、“情大于法”和“关系”原则与法治所蕴含的公共、理性、平等、公正精神的根本冲突,以及对监察院监察实践的影响:执法者因私废法,“不打老虎,专打苍蝇”;违法者因情违法、恃情违法,凭借“关系”逃脱法律惩戒,令监察院“打虎不成”。
The Supervisory Yuan is the highest supervisory organ of the Nanjing National Government and the organ of the rule of law. This article takes the case of the impeachment of the impeachment court and the case of the defending court “defeat the tiger” and explores the dilemma of rule of law under the Guomindang rule. Based on the social ecology of difference pattern, this paper elaborates the fundamental conflicts of public ethics, rationality, equality and fairness, which are different from each other in different ethics, principle of “feeling greater than law” and “relationship” and rule of law, As well as the impact of the supervision of the Supervisory Yuan: law enforcement because of private law, “do not hit the tiger, special fight flies”; offenders because of the law, parenting illegal, with “relationship ” to escape legal punishment, so that monitoring Hospital “not playing tiger ”.