孙中山三权分立(Sun Zhongshan, the separation of the three powers)

孙中山三权分立（Sun Zhongshan, the separation of the three
powers）
[Key words] five power constitution restricting the power of three powers
[Abstract] Sun Zhongshan's thought is the separation of five powers and the initiation of a direct impact on the Western Representative Thought under the separation of the three powers under, but the five power constitution thoughts of Sun Zhongshan is to correct the shortcomings of three powers system created, so the difference between the two is not simply on the amount, the two have a principled distinction.
Sun Zhongshan thought of the five power constitution is sum up historical experience of capitalist political system success in Europe and the United States, Japan and other countries, in eighteenth Century seventeen, adopted the Western Enlightenment thinkers doctrine, and joined the Chinese history of political rule and the formation of distinctive experience, is the expression of sun Zhongshan hope that the "new" Democratic Republic idea the theory, is a master of his thought into. Sun Zhongshan the separation of the three powers of Western thought and thought are closely related, it can be said that the separation of five powers is the direct effect of the separation of the three powers under the initiation. But Sun Zhongshan proposed "separation of five powers" and the western representative of the "three powers" is not simply the amount of the differences, the two have a principled distinction:
First, the ideological basis of the two are different
Based on the separation of the three powers is the western theory of decentralization, the separation of the foundation is the separation of power. The theory of separation of powers was advocated by Western Enlightenment thinkers such as Rock and Montesquieu. The idea is to protect the freedom of the people and to carry out the rule of law. In order to prevent tyranny, the power of the government should be divided into several independent power by different authorities to exercise independently, and mutual restraint, as Montesquieu said: "no matter who mastered the power, will be applied to his authoritarian pole,...... To stop the abuse of authority, power must be used to contain power."... But the separation is constructed on the theoretical basis of the separation of power, this is Sun Zhongshan in the study of the three Western powers thought after the discovery of three powers has many disadvantages. Created in order to overcome these ills. The idea is that as long as the people have the right, they are not afraid of the government's omnipotence. Moreover, it is necessary to have a "universal government" in order to make the people happy. Therefore, he advocated the state power into political power and the right to rule, the regime for people to grasp, with the election and recall, initiative and referendum four power, the former two are people management officials in power, they are people's legal power management. Four of the people have the power, civil rights fully, and have the power to manage everything the government can control it; governance including administrative, legislative and judicial examination and supervision, the five power, with the universal government organization, because the fate of power control in
the hands of the people, so it can only be good, and no evil. In this way, people's rights and the government power and civil rights: both run parallel efficiency, so that the two tends to coordinate and balance, overcome many abuses under the separation of the three powers.
Two, the purpose of the two different
It is because of the separation of three powers and different theoretical basis, so the two is different, the separation of the three powers aims to protect personal freedom and rights, and the separation of the purpose is to realize the right of the people, the government has to.
The western theory of separation of powers was completed in the bourgeois revolution period. The constitution was born after the gradual maturity of human rights thought as a theoretical system and social ideal, restricted by the specific historical background. The direct basis of the western traditional constitution is derived from the theory of "natural rights of human rights" and "people's sovereignty"". The so-called "natural rights" refers to the human life, freedom, equality and property, etc., is inherent, inalienable and non transferable rights. In order to solve the difficulties and inconvenience to people without the state and the government of the state of nature, through the constitutional government organization, its purpose is to require the exercise of state power to protect the basic rights of each person, the realization of social common public interests. Therefore, the government is only the people's trustee, in order to prevent the government after obtaining the trust of the people, the risk
may repeat the mistakes of the feudal autocratic monarchy, Western Enlightenment thinkers on the thought of separation of powers and checks and balances, invented the theory of separation of powers, use the law to bind the government, in order to prevent tyranny, freedom and personal rights the. Sun Zhongshan's aim is to realize the separation of the right of the people, the government can, but he in the investigation of Western separation of the three powers of the political system and found that it has many disadvantages, a "people's attitude is always against the government", the relationship between the people and the government is the opposite; under this system, the right of the people and the government can deviate from the "civil rights in developed countries, the government is incompetent; the government can country, civil rights is not sufficient, even can not be guaranteed". Therefore, Sun Zhongshan learned from the experience of the United States and Europe, complied with the needs of the world trend, focused on the realization of the interests of the whole people, incorporated individual freedom into the freedom of the group, and put forward the proposition of building a universal government,
The approach to realize this purpose is that the government, "separation of five powers" is divided into five different departments carry out their duties, cooperate with each other, under four power control of the people to form a group, creating a highly efficient state machine, better realize the sovereignty of the people".
Three, three and five power right in different in nature and scope
The western "three rights" refers to the state power into legislative, executive and judicial powers, Sun Zhongshan's "five powers" is based on the above three on the right and right, right of supervision and examination, examination power is separated from the West in administrative power, supervision power is separated from the the legislative power of the. It should be said that Sun Zhongshan's five power is not three right simple plus two rights, in Sun Zhongshan's design, state power will be divided into five power, its nature and scope is different from the western three right, a fundamental change.
The administrative power is the implementation of laws and policies, safeguard public safety, and it sent envoys, defense foreign aggression, state power, is indispensable in the government authority, and the government is essentially administrative. In the separation of the three powers system, pursue legislative supremacy, so must be governed by the administrative legislation, "if you have the power to be able to guarantee their good behavior of citizens in jail if the legislature for administrative organs, freedom cannot exist". Moreover, the administrative power under the separation of the three powers is a passive and negative authority, and the scope is very small. The separation of five powers under the administrative power, is a kind of governance, because its purpose is to establish a universal government, for the welfare of the people, and the realization of this function is the most important to rely on administrative power, so in this system of administrative power is active and active, its range is very large. Sun Zhongshan mentioned in the five power, always refer to the administrative power, which is the legislative power,
judicial power, examination power, supervision power, it can be said that the administrative power is the first of the remaining four is right around the administrative power around its services, which broke the western "legislation first" pattern.
Legislative power is the power to make or amend the law, the general will of the state. In Montesquieu's argument, although that legislative power should have the collective enjoyment, but the direct exercise of civil rights "is not possible in the country, the country has a lot of inconvenience, so people must through their representatives elected to do all the things they can't do things", therefore advocated the exercise of legislative E5 right through the representative, "the representative organization is to make laws or supervision of its laws and executive elected". Under the guidance of this theory, the legislative power under the separation of the three powers belongs to the representative organ of Parliament. It represents the people and supervises the government and makes laws. In this sense, the legislative power belongs to the government. The legislative power under the rule of separation of five powers belong to the content of the right, in order to reference the needs of administrative management, administrative experience, and actively put forward legislative proposals, to solve the problem of administrative management. And the scope of legislative power than the legislative power of the separation of the three powers under the scope to be small, because the design in the five power constitution, Parliament will supervise the government's power of impeachment -- from the legislative power separation out.
The judicial power is to punish crime and private litigation adjudication and administrative power, with the implementation of national laws, which belongs to the administrative power in nature, but the judiciary must be based on the law, and the administration is not necessarily in accordance with the law, so Montesquieu will advocate the administrative power and the stripping, and independent. "If the judicial power of different legislative and administrative powers, freedom did not exist; if the justice with the legislative will be made one, citizens of the life and liberty of the purposes of arbitrary power, so the judge is the legislators. If the power of justice and administration were combined, the judge would have the power of the oppressor". The judicial power under the separation of five powers are not independent, but a part belongs to the governing power. The scope of judicial power and the separation of the three powers under the main jurisdiction and judicial power under the separation of five powers are all belong to the judicial nature are the scope of jurisdiction, such as judicial and procuratorial powers, judicial administrative power etc.. Examination power and supervisory power have not been separated by the separation of the three powers, but are a distinctive feature of the five Division of powers. In the separation of the three powers, the examination right is a part of the administrative power, supervision of legislative power, it is because the two are not independent, has a lot of drawbacks. Therefore, Sun Zhongshan advocates that the right to examination and supervision should be independent from the executive power and legislative power, and that it will become part of the government's power and be juxtaposed with the legislative, executive and judicial powers.
The relationship between four and three, five power between different rights
The separation of the three powers advocates not only dividing the state power into legislative, executive and judicial powers, but also restricting and balancing each other between the three powers. Its function is to use the principle of checks and balances,
The three powers are independently exercised by three different organs, so that they can balance each other and elbow each other, so that the government will not infringe on the liberty of the people. The government of the state power and the exercise of the power of the people doubt, distrust as a starting point, that any authorities to grasp the absolute right of democratic politics is destroyed, in order to maintain political freedom, must contend with power, its purpose is to through the inevitable friction power to make them not coordinated progress. As the dove said, "these three powers should have formed a state of inactivity or inactivity. However, the inevitable movement of things forces them to advance, so they cannot move forward without coordination." This shows that the system of separation of powers of three contains the self restriction mechanism of the government power system.
While the five power is the separation of national institutions within the division of responsibilities, they do their job, each one attends to his own duties, and there is no relationship between the three powers that the theory of two-way balance. Sun Zhongshan has used a nest of bees "post it", as their food, flowers, watch the different tasks to a metaphor, which means
the state administrative, judicial, legislative, examination, supervision and other personnel to the "no disturbance", "things, neither infringe rights again, to help each other; the government for the people, must have five rights, is to have five kinds of work, to be divided into five way to work." Moreover, Sun Zhongshan believes that mutual restraint between the three rights, the right to harm or harm to the right, causing the supremacy of Parliament, government incompetence.
And the separation of the purpose is to create a universal government, the separation of the three powers of the mutual suspicion system is harmful to improve the work efficiency of the government, so the five power between division of labor and cooperation, mutual cooperation, to improve administrative efficiency, such as the selection before examination, supervision legislation clarifies government, law, justice and protect people's rights and interests that is to improve administrative efficiency, to assist in the implementation of the decree. So that the separation of the role is based on the principle of the division of labor, five separate departments to work in accordance with the nature of the transaction, and each affiliate, help each other, so that the government can make people happy, is a self regulating mechanism of repulsion between the three rights separation of the government power.
By Sun Zhongshan discussed above, between the five power constitution and Western decentralization not only in the number of the other, and the exercise of power organs duties, rights and relations between its ideological origins are very different. Therefore, Sun Zhongshan's criticism to the analysis from Europe and the United States and democratic
thought and democratic system, and to thoroughly democratic position, from the Chinese reality, created a new theory of power restriction. The relationship between the people and the government of his search; he designed the blueprint of democracy; strengthen the supervision of the government he advocated, in order to prevent the government from the people, against the benefit of the people; and emphasize the establishment of administrative institutions strong and effective, in order to prevent the abuse of civil rights and social anarchy four; advocate people's right and the right of government balance, make the social long period of stability. These bourgeois democratic ideas provide us with useful inspiration for today's democratic political construction and punishing the corruption of government officials. At the same time also a remarkable contribution to the constitutional theory, so Sun Zhongshan said: "the five power constitution is epoch-making regime". "It is not too much to see," he said.。