At the beginning of the twentieth Century founding father Mr. Sun Zhongshan was keen to point out, the world "the constitution is the best America, without the constitution is the best.English is not learned, beauty is not science."("three principles of the people and Chinese future") so, Mr. Sun Zhongshan melt at all times and in all countries law theory and experience in a furnace, segmentation of examination power from the "separation of the three powers" in administrative power, from the legislative power of Parliament independent supervisory authority, created his own "five power constitution".
"The core of the five power constitution" is the power and the right of administration division, mastered by the people "regime", the government implementation of the "right" "rights" to "regime" called "energy", so called "power partition".People's "regime" including the right to vote, the right of recall (this is the people's management officials right), right of initiative, referendum (this is the people's legal rights such as right) four.Government to implement the "governance", the five power separated system, namely the legislative, Si Faquan, administrative power, examination power, supervision power independent of each other, mutual restriction.Accordingly, the central government has said: "art of the Executive Yuan, two, the Legislative Yuan, three days four days our court, the examination yuan, five, the control yuan."("nation building strategy," said Sun Literature)
"The essence of the five power constitution" is "direct democracy".Mr Sun Zhongshan said: "to make a long story short, people really have direct management of government power, the government's move a static, people always is can command."("three principles of the people, civil rights"), the right to vote and the right to create, embodies the "sovereignty belongs to the people"; the initiative and referendum, reflected people's reserved the right to recover."Direct democracy" ideology of the "five power constitution" beyond the power structure mode of three powers.The highest principle of separation of the three powers is balance, "five power constitution" is the separation of powers and functions, its purpose is to safeguard the sovereignty of the people.The former is the indirect democracy of representative system, the latter is "direct democracy", to implement the "national politics".Therefore, "five power constitution" as a political solution and the principle of the constitution, in fact has led to the bourgeoisie, the petty bourgeoisie and the workers, farmers, under the joint dictatorship of color.
Mr. Sun Zhongshan's five power constitution is a Chinese style revolution in modern democratic constitutional theory.Mr. Sun Zhongshan criticized some students "five power constitution" as new in order to be different, emphasizes pointing out, the constitution should be suitable for China conditions.He said: "the constitution, are required for the China national history and customs law.Three rights for Europe and the United States to the right, three popular in Europe and the United States; five power required for Chinese, so only in the China.When Zhu Junxian is known as Chinese, Chinese not for Europe and the United States, and the Americans cannot be Chinese, constitution also Judah is also.For the people for thousands of years of history, China is a country with the people, the constitution unchanged through the ages.But we gain China can for thousands of years, Europe and the United States are not, as the constitution of our country unique.If you say the United States and Europe no, China cannot profit and loss Chinese constitutional and why not the constitution of Europe and the United States a country of a pass by copy, said Montesquieu, who also can not add."("Sun Zhongshan complete works" volume first, "a conversation with Liu Chengyu") Mr. Sun Zhongshan this view from the China conditions, against the Western powers in the west, against three for the golden laws and precious rules of thought, at the time of the semi colonial and semi feudal China appear particularly precious.
Today, China Taiwan's democracy is in Mr. Sun Zhongshan's "five power constitution" on the basis of reference "multiparty", "race", "universal suffrage" mankind's political civilization and the formation of.Throughout the country strong and the people rich, all countries in the world is not a democratic country.In other words, only the implementation of democracy to achieve success.Of course, Chinese won't be an exception.