The first section of the Sun Zhongshan's three people's principles and the five power constitution theory



Sun Zhongshan's legal thoughts with the three people's principles as the theoretical foundation, but also an important part of the three people's principles. The legal thoughts of Sun Zhongshan's major works include the "three principles of the people", "country", "the outline" etc..
  A,The guiding ideology of legislation of the three people's principles
The three people's principles is name of nationalism, democracy and people's livelihood, is the theoretical basis and guiding principle of Sun Zhongshan's legal thought. The three people's principles into the old three people's principles and the new three people's principles in two stages.
First, nationalism. Nationalism is the primary problem in the three people's principles, the basic task is to "repel tartar Krupp, the restoration of China", the essence of nationalism, is to take the new bourgeois democratic countries instead of the old feudal autocratic countries.
Second, civil rights. Democracy is the core of the three people's principles, the central content is "against the monarchy, the establishment of the Republic", essence is to overthrow the feudal autocratic monarchy, established a bourgeois republic.
In order to guarantee the people's rights, Sun Zhongshan put forward the famous "five power constitution", "five power constitution" is an important part of civil rights, and civil rights made concrete; in turn, civil rights is the theoretical basis of Sun Zhongshan's "five power constitution" theory.
Third, the people's livelihood, the people's livelihood is the most distinctive parts of Sun Zhongshan's three principles of the people, are the three principles of the people in the social revolution programme platform.
Sun Zhongshan took the Democratic induction to solve "two big problems of land" and "capital". The old democratic stage, land settlement policy for "average land ownership". In the "capital", Sun Zhongshan is in the "production of socialism".
In the new three people's principles of stage, Sun Zhongshan will "land to the tiller" the main principle of the new people's livelihood and the provisions of the "regulation of capital". Sun Zhongshan in the "Chinese Kuomintang first National People's Congress" also repeatedly stated to implement the "land to the tiller" policy. "land to the tiller" than "equalization of land ownership" is a step, the so-called "moderate capital", is to restrict the development of capitalism, to prevent private capitalism manipulation.
People's livelihood is related to a series of legal problems, is the guiding ideology of the indigenous, finance and tax law, labor law, corporate law, foreign investment law, economic law.

  Two,"Liberty, equality, fraternity" of the legal concept
Sun Zhongshan had his "three principles of the people" and "the consistent spirit" summed up as "freedom, equality, fraternity". He exposes and criticizes the Qing dynasty'arbitary.
Sun Zhongshan in the "freedom, equality, fraternity" as a weapon, severely criticized the feudal legal system, dark, cruel, brutal tyranny. He pointed out that, the feudal law "punish the clan" means the autocratic emperor should always be conservative.
(a) advocated the building of bourgeois rule of law
Sun Zhongshan revealed the feudal legal system and at the same time, the rule of law in the west to vision, construction of the "freedom, equality, fraternity" based on the spirit of the rule of law. He thought in this regard is also very rich, mainly claims:
First, democracy guaranteed by law, laws are made by congress.
Second, as required by the law and protect people's democratic rights. Sun Zhongshan has repeatedly pointed out, people is the main body of the Republic of China, "the president, is the official national public servant". He pointed out that in the "China Kuomintang first National People's Congress", should "in law, economy, education, social recognition principle of equality between men and women".
Third, advocate the independence of the judiciary, to ensure that the rule of law.
Democracy and the rule of law principle of Sun Zhongshan's "freedom, equality, the embodiment of the spirit of fraternity", is the legal thoughts in modern Chinese advanced, although it is not fulfilled, but leave the remains a rich legal thoughts of wealth.

  The five power constitution and power separation theory
"Five power constitution" is Sun Zhongshan's constitutional thought unique, is also the main contents of his civil rights. He tried to guarantee the people's sovereignty and rights through "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."
Sun Zhongshan's five power constitution is a Chinese style revolution in modern democratic constitutional theory.
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. His "five power constitution" is a China characteristics of the bourgeois revolutionary democratic constitutional theory.
"Five power constitution" is the essence of "direct democracy" "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.

The article quoted from: http://www.xrtvu.com/hxkc/fl (BK) /zgflsxs/soft/Norm_2001.html