1934년 中華民國 全國考銓會議와 考試權 獨立

Abstract

This article reveals several endeavors of the Examination Yuan at a National Conference on Exam & Personnel Issues of Republic of China(ROC), which intended to separate an examination power from an executive power. Examination Yuan tried to actualize their legal status through the Conference. The Conference was the only national conference held by the Examination Yuan. It dealt with not only institutional contradictions of civil service examination or personnel management, but also some issues about a separation of power.<BR> A Graduation Exam Plan at the conference shows why the Examination Yuan convened the conference. They wanted to enhance examination power by transferring an authority to manage a collage graduation exam from the Ministry of Education to the Examination Yuan. A special school graduation exam plan was a demo type of the Examination Yuan"s separation plan. But the Ministry of Education expressed a counterview, and the separation plan was rejected by the review committee.<BR> In fact, an idea that a civil service exam needs to be linked tightly with school education was a general opinion at the conference. So several members submitted plans for corresponding a range of civil service exam questions to a standard curriculum of school education. By these plans, the Ministry of Education became a managing department of establishing a standard range of civil service exam questions. Indeed, people from the educational circles played a key role in the review committee. As a result, a conclusion that a standard range of civil service exam questions has to be restricted to a standard curriculum of school education which was even not prepared yet.<BR> Finally, the claim for separation of a examination power by the Examination Yuan wasn"t accepted at the conference. Through this research, we can discover a gap between the theory of Five Power Constitution System from Sun Yat-sen and the actual situation of the being of Examination Yuan. As there was no clear definition of the Examination Power(考試權), two meanings of ‘權’ was mixed in the single concept; One was a power to restrain other Yuans in the theory of the separation of power, the other was an authority of fairness from the procedure of civil service examination. After the conference, the meaning of Examination Power in China has been focused on the latter one.