"Five power constitution" theory

"Five power constitution" is Sun Zhongshan's constitutional thought unique, is also the main contents of his civil rights. "Five power constitution" the purpose is to ensure that the people's sovereignty and rights.
"The core of the 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 implement the "right of administration". "Governance" to "regime" called "energy", so called "power partition". People's "regime" including the right to vote, the right of recall, initiative, referendum, four right. 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. The constitution, by the county people's vote for a president to organize the executive yuan. Elections to the Legislative Yuan representative organization. The rest of the president, by the president of the Legislative Yuan agreed to appoint, but no president, Legislative Yuan is responsible for. We are responsible to the national assembly. The hospital staff dereliction of duty, the supervisory Institute to the National Congress impeachment; and supervisory staff dereliction of duty, the national assembly, deposed by the impeachment. The National Assembly shall take charge of the constitution, the amendment, and the servants of dereliction of duty. The national assembly and the five staff, and the size of government officials, the qualification examination, by determined. The five power constitution also." The "separation of five powers" is the basic content of the constitution, is called "five power constitution"; according to the "five power constitution" the establishment of administrative, legislative, judicial, examination, supervision of five, called the art of.

Origin of "five power constitution"

Sun Zhongshan pointed out that the separation of the three powers shortcomings: one is the representative system has become a "parliamentary dictatorship", no "direct democracy"; the two is the official production is not universal suffrage, or "class election", or is appointed by the president, is to bury talents and appointing private. Therefore, Europe and the United States Constitution does not adapt to the Chinese conditions. He carefully studied the history and foreign law at all times and in all countries, financial legal doctrine and experience in a furnace, segmentation of examination power from the "separation of the three powers", from the legislative power of Parliament independent supervisory authority, the creation of the "five power constitution".

"The essence of the five power constitution"
   "The essence of the five power constitution" is "direct democracy". Sun Zhongshan said: "to the people who are really direct management of government power", the government's move a static, people should be able to command at any time, therefore, he embodied the "direct democracy" at the thought of the five power constitution in. Among them, the right to vote and the right to create, embodies the "sovereignty belongs to the people"; the recall and referendum, reflected people's reserved the right to recover. "direct democracy" ideology of the "five power constitution" beyond the political structure of the separation of the three powers. The highest principle of separation of the three powers is balance, "five power constitution" is the division of powers. Its purpose is to safeguard the sovereignty of the people. The former is indirect democratic representative, the latter is "direct democracy", to implement the "national politics".

"Separation of power" theory

Sun Zhongshan's "five power constitution" is taking the people's power, the government governance rights divided hypothesis as the basis, is built on the foundation of the people's sovereignty.

Sun Zhongshan advocated the theory of separation of powers and functions of the political system. That the people should be the "right person", by "; government to people". Sun Zhongshan put the relationship between power and the relation to A Dou and Zhu Geliang, "thousands of people like A Dou", has the right and incompetent, due to Zhu Geliang that "having foresight" lead "late" and "A Dou" for the public. The majority of the "late" master election, recall, initiative, referendum four "regime", is "the right person"; "having foresight" is the exercise of legislative, judicial, administrative supervision, examination, five kinds of "rights", is "people who can".

 He put the political power as regime and governance two: "politics is everybody's business, big power set all things, is called the power, power can be said that the civil rights. Governance is the management of public affairs, big power set the management of public affairs, called the rights, rights can be said that the government is right. So the political, contains two forces: one is the power, is a right of administration. These two forces, one is the management of government power, one is the government's power." The Chinese into a new country, must take the right and can (rights) apart. The regime "fully into the people's hands, people have full power, you can go directly to the management of the affairs of the state"; right of administration is "entirely within government organs, government should have a lot of power, management of national affairs".

Sun Zhongshan of the four civil rights can be divided into two categories. One is the people's management of government officials, namely the right to vote and the right of recall. He advocated "people have rights to vote", but people only direct suffrage cannot management officials, must also have the right to recall. Another kind is the management legal power, the right of initiative and referendum. initiative is "a method of waste law, right" referendum include amending the law rights and "changed,...... Most of the members in the legislative court pass, people can use general will agree to the "right.

Sun Zhongshan emphasizes, the real Republic of China, must ensure the people's right to the four. The constitution of the Republic of China, must be specifically stipulated that four kinds of right. People with these four rights, it is full of civil rights, "really can direct management of government power." He this "direct democracy" thought, is he always adhere to the "the people first" the principle of sovereignty by the people.