Sun Zhongshan: the five power constitution and the three people's principles
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Aaron Lewis
[] the blog owner in December 13th to 15 during the day of General Secretary Hu Jintao inspection tour in Qinghai province when stressed, must "ensure that development is for the people, by the people, the fruits of development are shared by people".The blog owner on the retransmission of Mr. Sun Zhongshan speech a, recalling sages, reference, and friends together to learn together with thoughts of reading.
Today's topic is the five power constitution.The five power constitution is the brother of the original at all times and in all countries, all countries have never told.You know the recent one hundred or two hundred years the world's political trends, are more important constitutional.Constitution of two words, in the recent ten or twenty years, we have been accustomed to.What is the meaning of the Constitution?Simply put: the constitution is a country's regime is divided into several parts, each part is independent, the promotion of the.The constitution, only the state power is divided into three parts, called the three right, never divided into five power.The five power constitution are brothers created.The brothers make the five power constitution, we all do not understand, thought the five power constitution is based on what?The five power constitution according to, to be honest, I study the constitution, thought out alone.With respect to the five power constitution speech, ten years ago, only in Tokyo's alliance will celebrate the anniversary of the newspaper, after a speech.But at that time, everybody in this sense, are not very careful.At that time we mean, thought that the world only three power constitution, did not hear what the five power constitution.A brother of the five power constitution, feel very strange, that is the brother of fiction; do not know brothers and the five power constitution, it is based.Brother advocate revolution thirty years later, from Guangdong uprising failed, they flee overseas, brother revolution although suffered a defeat, but don't lose heart, put forward to do things or revolutionary base.In around the world over, the gain and loss of political history, with exquisite brought, prepare the future success of the revolution, do we build this.Therefore, brothers, when the country, is paid attention to the study of the constitution.Results obtained from the constitutional right, so only three, is still very incomplete; so make the five power constitution, the former incomplete recovery.So the five power constitution is said to be the original brothers.
Even if the world is America founded the first constitution.When American revolution, from the United Kingdom, Republic, founded a constitution of three powers, people call him a written constitution, the national interest and civil welfare provisions within the constitution, set very strict.After the national constitution, are as his the constitution to make our bottom fundamental law.Because of this important USA constitution, so the brothers also went through.American people since the constitution, almost be all in one story says American constitution is the best in the world.Is a British politician said: the world has its own, only American three constitution is a very complete constitution.But according to the brothers in detail, compared with the constitution from historical and political ways, the three constitution American is what exactly?The research results USA bottom brothers, think the constitution inside, incomplete or a lot of places, but also very many evils; after the European and American scholars study USA constitution the feelings, there are also many and I are the same.Brother to the highest on the vision with the worship to study USA constitution, what American constitution or incomplete.It is about America constitution inside, all is not perfect and the insensitivity of place, the world is gradually aware of.So no matter what, in one hundred or two hundred years ago, thought it was very good, how much time passed, so that now I feel not good.After the brothers research USA constitution, want to remedy his shortcomings.At that time America scholars also have this kind of psychology, want to try to remedy it.But talk of recovery. Easier said than done!How to use what method can remedy?The theory is no such books can remedy, in fact is not what precedent can be for reference.Research here, brothers remembered America there is a professor at the Columbia University called like Winslow, he authored a book, called "free".He said the constitution of three powers is not enough, claims the four rights.The four meaning of the right, is to put in Congress "impeachment" out independent, "impeachment" with "legislative", "judicial", "administrative power" as the separation of the four powers.His intention that Congress has the power of impeachment, the wily senator, often use this power to suppress the government, get the government every act and every move not free, the so-called "dynamic rolling".His intention, although that is not very perfect, but he can with this book, his comments, was visible in the America inside, is one kind to.
America constitution does not completely, they have to think method to remedy, but the recovery is not complete.Because in the USA States, there are many officials are elected by the people.As for the elected is a very complicated things, many evils.Because of the need to prevent these evils, they come up with a method to limit people's election, the voting qualification, to have some property had a vote, no property has no right to vote.This election, and the modern trend is the opposite of the equality and freedom.And this election is more easy to cheat, for the selected people, have no way of knowing who is appropriate.So one is to limit the election, is the people of all countries should strive to recent elections, this is called a general election.The general election is very good, whether to choose what good talent?If there is not a standard, single general election, also can produce evils.Those chosen people, when have some property, is eligible, in accordance with the brothers wanted, when members or officials of the people, is bound to have both talent and virtue, or what you do, is the Perfetto.If not only, not Germany, also does not have what do, rely on money to do members or officials, then the future achievements, is self-evident.But the Chafford and competent qualified people, only fifty people, then according to the person entitled to vote, and how we can conclude that they are qualified?We Chinese a ancient law, the ancient law is the examination.Once upon a time China officials, who passed the exam was born, is the right way, not the origin of the examination, is not a right.About this ancient method, in Chinese formerly authoritarian era, when using, still less.Because at that time, do the monarch when people eat and sleep, read carefully all the talent, who is the good talent, is who to do it.The monarch with human task, so he can collect all the talent.In today's era, people have no time to do this thing, so the appointment of officials, the era can not test, the Republican era examination is must not be less.So the brothers want to three right, good way to add a remedy.This method can be regarded as brothers personal out, not from foreign scholars plagiarism.The constitution to join the system, I think it is a very complete, can pass it.
We will in the era before the Tokyo alliance, with the three people's principles and the five power constitution to do platform, is expected to the success of the revolution, we brought out.But after the liberation, we do not pay attention to, the majority of people's psychology, think the overthrow of the Qing Dynasty, is the success of the revolution of the Republic of China, so although the establishment of ten years, not only did not see what results, inverse Qing feel more corruption.The reason no brothers, everyone can know.We must eliminate the corruption, back to the revolution, the five power constitution must be used to make the foundation of the state.We need to have a good constitution can build a true republic.But after brothers invented the five power constitution, general people for this reason is not clear, is a specialized scholars also have not to regard it as right.I remember twenty years ago, there was a China students -- he was graduated from the University of law, at American University got bachelor degree, and later also want to study, but also to a university to study Oriental USA.Have a brother in New York city and he meet, talk, brother said to him: "you this time into the USA Burapha University, prepare to study what knowledge?"He said: "I want to specialize in the constitution."I put what I advocate the five power constitution with him, and he was discussed for two weeks, he said that the five power constitution, the constitution is what is better, the extreme approve of my idea.Brother will rejoice at the time, so he is in favor of the constitution, then invited him into the school, the five power constitution principle to research with.After three years, he was in the Yale University graduated with a law degree from Yale University, is USA Oriental is have the reputation of the University, he was able to graduate in the school, got a doctor's degree, knowledge is very good.He graduated from Yale University, and later to England, France, Germany to review their political constitution.To Xin Hai revolution that year a success, he had just returned to the China, brother to see him, asked him: "you used to be in favor of my five power constitution, recent studies of the constitution, there is some what experience?"He answered me: "five power constitution this thing, have not seen in other countries, I'm afraid is not done."After the brothers heard this word, it is thought that strange, is not to regard it as right.Unexpectedly, we the class comrades listened to his words, thought the doctor in law and said all countries without this thing, always some inappropriate, so for the five power constitution gradually paid little attention to.There is a Japanese doctor of laws, the brothers in Nanjing when the government asked him to do a lot of legal adviser, legal things to discuss with him.After Yuan Shikai, brother flee to Tokyo, also met the doctor.He also asked the brother said: "what is called the five power constitution?"Brother and he explained in detail, about two or three months time, add up the total of twenty or thirty hours, later he came to understand.At that time, the brothers felt the doctor of laws, but I say this time only then can understand, if the discussion and ordinary people, but did not know how difficult, no wonder they don't understand.The two doctor said, one is American PhD, a Japanese doctor.I met with Dr. America in New York, discussed for two weeks, he was in favor of the five power constitution, when he is nothing but a bachelor, is only half the time, he later after USA Yale University graduates got doctoral degree, can be considered to chase time, he says countries don't have this things.The Japanese doctor, brother and he studied for several months, he understand.The five power constitution that want to implement, it is very difficult.Although no one knows, over a long period of time, hundreds or thousands of years later, some implementation of the time, we want to Chinese into a prosperous country, what method can achieve?This method is implemented in the five power constitution.Brothers in Tokyo to celebrate the anniversary of the speech after five power constitution, now almost twenty years, but the five power constitution or scanty in favor of visible, generally do not quite understand, so today I want to talk to you about.But the five power constitution in detail, I want to spend a few days is not enough, but I'm afraid that's more don't understand.So now come up with a way, to the five power constitution of speaking.Because of a problem, from the side, often than from the front is easy to understand.China idiom said: "I do not know the true face of Mount Lu, just because in the mountains."This idiom means, is said to see Mount Lu, leaving Mount Lu one hundred or two hundred miles away, only to see his true colors: if in the Mount Lu inside, they don't see him why.Brother today, the five power constitution, the method, is based on the mean.
Why should we carry out the five power constitution?Want to know the reason, you should put in thousands of years of political and have a look.There are two political forces: one is the power of freedom, one is to maintain the order of force.These two political forces, like physics inside a centrifugal force and centripetal force.Centrifugal force is to molecular objects inside left out, the centripetal force is the molecular absorption of objects inside the inward.If the centrifugal force is too large, object scattering everywhere, there is no end; the centripetal force is too large, the object is shrinking more small, crowded.Total to two power balance, objects can maintain a normal state.Political inside free too, became no government; bound too, became autocratic.Chinese and foreign political change for thousands of years, total no more than these two forces between the motion.Chinese and foreign politics, ancient and modern is different.China political, is free from into tyranny; foreign policy, is in free from tyranny.Confucius censored book, broken since the Tang Dynasty, Tang Yu Yu, the piping days of peace, a peace Sheng Zhi, people enjoy the freedom of peaceful very peaceful.Then one day a day, political corruption, what is the reason?Is that the people in the past era of peace, enjoying the freedom too much, do not know how precious, imperceptibly gradually abandoned, ambition monarch can seize the opportunity to take advantage of this opportunity, so a tyranny of Qin and Han dynasties.As for foreign policy, is the freedom from tyranny.Because foreign ancient monarchy too, people was bitter, so we advocate freedom.The foreign word: "Death is preferable to slavery."The meaning of this sentence is not free, people would rather die, without greed.Visible foreign political tyranny, at that time is what appearance.
Chinese and foreign political different places, we can also compare comparison: China political, is free from into tyranny, because in ancient times of Emperor Yao and shun Chinese good, political stability, people live and work in peace, the so-called "dig wells for drinking, ploughing and food."Has always been very free.Me said: "Inaction", also said that people with extreme free condition.The people of that time because of the sufficient freedom, so I do not know the virtues of freedom.Ordinary foreigners do not know these details, he thought that the Chinese people do not know the benefits of free, do not pay attention to freedom; do not know China people from Yao and Shun, has enjoyed a full freedom, to the weekend, people had to give up freedom, he became special system.When China weekend, is Rome and Europe at the same time.After Europe since Rome ended, Rome's land is national separatism; when the countries with troops to occupy a place, big main, small said Hou, are very autocratic.The people are but authoritarian pain, so to the revolution, trying desperately to freedom, like the recent century, a lot of war, all for free.Brother once the revolution for freedom, a layer of, no what special advocate, why, because saw China people only know about the politics of reform, do not know what is called free.China emperor of past dynasties, their purpose, designed to keep your throne, forever family, generation after generation of descendants can all enjoy.So as long as they pay the grain tax to tax people, does not infringe on the throne, does not interfere with their ancestral throne, no matter what people do, not to ignore.People just pay taxes, is wrong, no matter who does the emperor, are also possible, so people did not have great autocratic pain.Foreigners do not understand this reason, it is often criticized Chinese don't know freedom.In recent years, a new thought of many young scholars has got a point, know the free two words, when it comes to political reform, he thought that to fight for freedom.Don't know China people had a great freedom, not to dispute.Because they do not need to fight, so I don't know the precious.For example, the air we breathe, is life's most important thing in human life, air inside, like the fish in the water of life; a fish out of water, will die soon, people do not have air, soon also die.We are now in this house, because the air is very sufficient, breathing easily, so I don't know the air valuable; but put a man in a small house is not air, breathing problems, he would find it very hard, a time to put out, got very good breath, feel comfortable, we know that the air precious.The Europeans were not free of pain, so to fight for freedom; Chinese is always free, so I do not know the freedom.This is the place where Chinese politics and European politics is not the same.Politics there is again a two characters: one is the rule of people, one kind is governed by people.Mencius said: "headworker, with labour; headworker governance, labor are governed."This is two kinds of people, people who are knowledgeable, manages to people have no knowledge.The former people's knowledge is not open, like a child, only know that governed by people.Now the people's knowledge, is awakened, will put the two class people and cure thoroughly to break in.The people of Europe, in this twentieth Century, only to break the class to cure a person of the emperor, today is relatively free.Brothers, the five power constitution, is to break the class tools, basic methods practiced by.
Now the Constitution: the constitution is the source of a lecture from the British initiative, after the British from the revolution, the emperor's power gradually apart, into a political habits, like the separation of the three powers.When the British people do not know that the separation of the three powers, but for political convenience, the regime separately.Later, a French scholar Montesquieu authored a book called "spirit of law", some people called him a "million law", this book is based on the British political habits, invention of three independent right theory, advocated the separation of state power, law, judicial and administrative three rights.So the separation of the three powers, is due to the invention of Montesquieu.At that time, although the UK is to separate the regime, like the separation of the three powers, but later because the party developed, gradually change, now is not the three politics, it is a political right.The British political system is now Congress dictatorship, parliamentary politics, the rule by Party Party politics.After Meng heading period dove invented the separation of the three powers doctrine, shortly after American revolution.America revolution, a constitution, is based on the separation of the three powers doctrine, with very tight bottom text, the establishment of a written constitution.Later the reform of Japan and Europe revolution, almost took USA constitution dibon, to a constitution.The British constitution is not what provisions, America constitution has very tight bottom clause.So the British constitution can be said to be the activities of the constitution, the constitution is USA rigid constitution.This is because England is because people treat, American Ephraim as a rule.Although the UK is a constitutional originator, but does not have a written constitution, the British constitution is not.With Britain's unwritten constitution, and we Chinese autocratic times compared to the situation, we China also has the constitution of three powers.
China also has a constitution, a monarchical power, one is the examination power, one is the impeachment; but China monarchy, with legislative power, judicial power and administrative power.These three rights inside the examination power, it is a very good system China, is also a very serious matter.When the exam, the examination room doors are shut, supervision at the volume of people must be very careful, not enough to pass joint, speak, you think about is how solemn.Then some bad, then gradually occurred problems.When it comes to impeachment, in China monarchy era, there are the impeachment of the officer, like the Tang Dynasty and Qing Shi Jian Yi doctor like, is to meet the monarch had, can also be risking zhijian.The ministers are now very, awe inspiring strength of character.For example, Guangzhou Guangya bookshops there is a Mr ten Ci, that is the shrine of Qing Jian Chen, Zhang Zhidong questions the amount of "wind Xuan" three words, this three word meaning, that is Jian Chen have the strength of character, anti monarchy.Visible once set Yushitai remonstrance official, it is a good system, once America one scholar called Ba Zhi's, he is very famous, written a book, called the freedom and the government, the impeachment Chinese, is a good way to reconcile between freedom and the government's.Thus Chinese former examination power and power of impeachment is a very good system, the constitution it is absolutely indispensable.
Brother just said there are two political force, a force is free.Free this thing, old people do not pay attention to.Extreme freedom, is anarchism, is a kind of new theory.Advocates of this theory, originally the French Proudhon, the Russians Bakunin and has recently died of Russians Kropotkin.They want to speak it in theory, but the theory is very new, then go to study.Recently the students China, and no deep research on this theory, learn to speak the anarchism, thought is up, this is really funny.About anarchism, we Chinese above three generations has been talked about, like Huang Lao theory, Is it right? Anarchy?Sub article said "Xu country", its people without a rajah, no law, natural, it Is it right? Anarchy?We Chinese about anarchism have been around for thousands of years, but now the youth not to meticulous research, anti pick up foreign ` it; they did not know they are now talking about anarchism is thousands of years ago, we talked about the old things, is now give up regardless of the.Brother said freedom and tyranny which of the two forces, is that both sides balance, not to the extreme, as objects of the centrifugal force and centripetal force balanced each other.If the object is a centrifugal force or single have centripetal force, is not normal.The total force is equal to two, the two party and can make all the peace, safety is the universe.
Effect of the Constitution in the government, like a machine.Brother said the government is a machine, not the reasonable man, think this parable is really very strange, for example.In fact, the material inside a machine, the personnel inside then why did not the machine?A machine is inside legal personnel.As human physical, dominates the material is easy to control, personnel is very difficult.For this reason, is because of the recent scientific discoveries are very progressive, method of management of substance is completely, how can do, flying, diving machine can do it, so that control the material, is very easy.As for the structure of personnel inside is very complex, the recent invention management personnel and incomplete, so it is not easy to control personnel, political constitution, is the dominant personnel big machine, but also to reconcile freedom and tyranny of the big machine.When we first revolution, he advocated the three principles of the people.The three people's principles is nationalism, democracy and people's livelihood, and American President Lincoln said of the people, by the people, and for the people is the same.Brother once put him this claim, translated as "people", "people", "people", he of the people, by the people, Marxism, is the brother of national, civil rights, people's livelihood.People can cure, can enjoy the treatment, not enough, will not be able to enjoy.If you are not able to enjoy, is that people are false.Mencius said: "headworker governance, labor are governed."To break this class, not without method, the old saying: "human can win days".Animal inside a steed, a day can walk one thousand li, birds can fly, fish can dive into the sea.If we want to learn a day can line thousands of miles, to learn the bird can fly, the fish can dive into the sea, how can we do that?Because we humans invented science, can make the machines, as long as the use of the machine will be a fine day, we can fly to the sky, will be able to dive into the sea.This is the personnel can only work.The ancient texts say that once upon a time there was a Greek, a day traveling thousands of miles, this is the special gift to, can not often.Today, human beings have a machine, is not necessary gifted can, can also run a thousand miles a day, also can fly freely to dive into the sea.We now by the people, is to put the machine to the people, telling them to drive, want to fly across the.What is this machine?Is the constitution.
The five power constitution, is our modern automobile, aircraft and submarines.The constitution is divided into legislative, judicial, administrative, impeachment, CET five right, each right are independent.Once the monarchy era, there is a saying called "the rebellion".The meaning, is to head to head, or the head back to top.In imperial times, rebellion is a very great things.The five power constitution but on anti -, remove the monarchical power, including the legislative, administrative, Si Fasan do right, three independent right, to implement political.In the administrative personnel, in addition to an executive government of president, the legislature's Congress, judicial personnel is the magistrate, and impeachment and examination two organs, with the same independent.
If the implementation of the five power constitution, state administrative do according to the constitution.All we are servants of the people, to pass the exam, could not be used indiscriminately.Brother remember when she first came to Guangzhou, a lot of people for the job, brother also don't know which have no talent, talent.This time the government was about to people, and do not know what is good, what is bad, instead of no man with difficulty.For this reason, is not the test problems.Without exams, is capable person, we have no way to know, the dark buried many talents.And because there is no examination system, generally do not understand the politics of people want to be an official, to get many drawbacks.The government is The atmosphere was foul., in the people's hand is very.Like a few days before the family wants to hire a cook, can't from what place to hire, went to the tavern Rito them for me to hire a.I think: why not to carpenter shop or to the blacksmith shop Neto who to hire?Because of the special school restaurant is the cook, there is the birth place of.I think again: hire a cook, is a very small thing, but also to the special place to hire, and is a national event with people?Thus we know that examination is a very important thing, no exam, we almost can not know what course to take.Like a provincial council elections, to elect eighty members, if three hundred people are waiting in membership, we need to choose eighty members, to the election of the three hundred.If the only by election, is unreliable.For this reason, when America election, often joke.I remember one time American two people for the election, a university graduate doctor was born, one is pulled from cooly, time to vote, two people to people's speech, movement of election.The doctor's knowledge is profound, words always some astronomy, geography, politics, philosophy, but he said the profound truth, generally people listening to all don't understand.The man followed up speech, to people, you don't think that he is a doctor, is very learned, he is really a bookworm, he is on the father and brother, I was on my own, you think about which one is capable?With these words, say that class election everybody clap their hands, said the doctor's speech is not good, do not understand, this man's speech was very good, really be fair and reasonable.The election results, it is the victory.I think: the two campaign for election, a doctor, a driver, when it comes to learning, is of course the doctor than the much better, but the doctor could not elected, this is the only election ills without test.So America elections often joke.If you have a test, then, the necessary talents, knowledge and talent to be an official, when our servant.The examination system to implement the most early in the UK, America examination is just twenty or thirty years.The current examination system almost all schools in britain.Poor flow tracing, the British examination system original or from our past Chinese science.So China examination system, is the world's most ancient the best system.
As I just mentioned, lawmakers in the five power constitution Congress, chief executive is the president.The judicial personnel is the magistrate, the exercise of impeachment of Ombudsman, exertion of the right has the examiner.Brother when the government of Nanjing, the original to the Senate for the five power constitution, but their members don't know what the five power constitution.Then set up a provisional constitution, brother to ignore him, because I thought the implementation of constitution, only a year or so things, no matter, wait until later to preach my five power constitution, also not too late.Later, members of Congress who moved to Beijing Tiantan, the draft constitution out of order, but they went, the five power constitution, or to put their own good stuff to do not lose, this is really a pity.We should know that the five power constitution is the brother of creation, the five power constitution is just like a big machine, we think a day traveling thousands of miles, you need to sit car; fly to heaven, will be aircraft; want to dive into the sea, to take a submarine; if you want to treat a new country, cannot do not have this the new machine of the five power constitution.
In addition to the constitutional separation of five powers, most want is the county autonomy, the exercise of rights; to direct democracy, is the true civil rights.Direct democracy there are four: one is the right to vote, the two is relieved of right, three is the initiative, the four is the referendum.The five power constitution is like a big machine, direct democracy is this big machine in the detent.People have the rights to vote, must have the right to remove from office.Administration officials, people is should have the right to vote, if not official, people should have the right to recall.What is called the initiative?People want to do a business, have the general can make a law; or the legislature made a law, people feel inconvenient, also must have the general will can be abolished.A method of waste law right, is the right of initiative.What is called a referendum?The Legislative Yuan if made law, most of the members in the Legislative Yuan. However, people can use the general will agree to pass; the right through, is not called the initiative, is called the referendum.Because this law is a Legislative Yuan Li, just want people to referendum, this law is to pass.The ROC Constitution, no specific civil rights provisions, made in the Nanjing republic constitution inside, only "the sovereignty of the Republic of China belongs to the a national", is the brother of claims, the rest are not brothers, brothers not negative the responsibility.The day before yesterday I speech in parliament, has put the five power Constitution Center said, hope you pass through the provincial parliament, in Guangzhou a meeting to work out the five power constitution, the basic law of a country.Today's people say that, from the side to the five power constitution to observe.Because the time is short, not all meant to give full play to, still hope that you carefully study the five power constitution, resulting in the five power constitution.