Constitution of Five Powers of Dr.Sun Yat—sen
- 期刊名称:《中国法律年鉴英文版》
Constitution of Five Powers of Dr.Sun Yat—sen
Guo Chengwei Guo Ruiqing
Some scholars said the Constitution of Five Powers of Dr.Sun Yatsen was the separation of legislative,executive,judicial,examinational and supervisory powers.It was established on the basis of his research into foreign and Chinese culture,history and laws.Separation of powers was the theoretical basis of the Constitution of Five Powers as the separation of powers was the solution to the problems of the parliamentarianism in western countries and it made the people enjoy their rights and the government have its power.The people could manage governmental officials,draft and revise laws to ensure the quality of officials and the improvement of laws when the people enjoyed their rights.The government,when enjoying its power,could raise its efficiency in administration.The Three Principles of the People(i.e.nationalism,democracy and the people’s livelihood)was the basic core of the Constitution of Five Powers and the soul of the Constitution of Five Powers which showed all tenets of the Three Principles of the People.Patriotism was the guiding idea for the Constitution of Five Powers.Dr.Sun Yatsen injected his strong patriotism,his loyalty,passion and sense of responsibility to his motherland into the Constitution of Five Powers and put it as top priority for the rule of law and rejuvenation of China.The idea of the Constitution of Five Powers was the successful example set by Dr.Sun Yatsen to solve the problems of the Chinese nation and democratic revolution under specific historic conditions by scientific measures.It showed the features of China and the framework of the Republic,covered the humanism and trend of rule of law in the early 20th century.As an important component of the Chinese legal heritage,it will play a positive role in China’s legal construction in the 21st century.
(By Guo Chengwei and Guo Ruiqing)
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