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Research On Supervision Power Of "the Five-power Constitution"

Posted on:2007-08-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:D G XuFull Text:PDF
GTID:1116360215468671Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
At the beginning of 20th century, stemming from prospering the country and strengthening its military force, Sun Yat-sen adopted the merits of the western democratic politic system, with the Three People's Principles of theory as the foundations, designed the project of Chinese bourgeois democratic republic, and politically proposed "separation of five powers". The Sun Yat-sen's supervision power thought which is the product of supervision power and system combined through the ancient and modern in China and abroad is an important constituent of "five-power constitution" theory. Undoubtedly Sun Yat-sen's "five-power constitution" theory and its supervision power design really have much to recommend.The theory connecting China and the West revealed the creative idea of the supervision power, but its practical value is unsatisfactory because of the miss of the target, being extensive with power and unsatisfactory efficiency and so on. As the Sun Yat-sen's important constituent of constitutional government thought, why the supervision power theory of "the five-power constitution" greatly goes by contrary in practice is a major issue being worthy of our exploration.The author claims that the reason why Sun Yat-sen's supervision power theory of "the five-power constitution" conflicts the practical movement is the superficial adoption of the advantages of supervision power disposition in China and West, however, in essence it inherited directly the Chinese tradition supervision power disposition and the operation system, as a result it was doomed an inevitable trend of withering along with the constant development of democratic politic. Following this principle, the author deals with Sun Yat-sen's supervision power of "the five-power constitution" from four aspects. The paper divides into five parts, as follows:Introduction Transcendence or ReturnAfter the analyses of the current situation based on the supervision power of "five-power constitution", this part proposes the research thought and method, namely: (1) wholly utilizing the vertical and horizontal comparison and the historical analytic method, the author sets the supervision power of "the five-power constitution" into a coordinate of the Chinese traditional supervision power and in the supervision power of western capitalist countries, and evaluates comprehensively the supervision power of "the five-power constitution" thought and its the practice respectively taking the theoretic basis as its analytic tool, so as to provide a panorama of the essence of the supervision power thought of "the five-power constitution" as far as possible (2) based on the request of constitutional politics, the author analyzes profoundly the status of supervision power of "the five-power constitution" and explores the source of the form of the supervision power of the party-ruled pattern and its influence on the efficiency of the supervision power operation in the expectation of a better understanding of"the five-power constitution". (3) with the culture analysis method, the author analyzes comprehensively the process of the supervision power of "the five-power constitution", predicting correspondingly the prospects of the supervision power of "the five-power constitution", and attempting to figure out the beneficial model for the practice from the experience of the supervision power of "the five-power constitution".Chapter One The Basic Configuration of the Supervision Power of "Five-power Constitution".To study the supervision power condition based on the theory framework of the "the five-power constitution",it is necessary to provide a general idea about the condition of the supervision power of the "the five-power constitution". Therefore, this chapter mainly focuses on the motive and theoretic basis of the supervision power of Sun Yat-sen's " five-power constitution", the force and its status of the supervision power of "the five-power constitution", and the situation and the essence of supervision power of the party-ruled pattern and so on. Sun Yat-sen's the supervision power of "the five-power constitution" mainly consists of three aspects, namely the independent thought of the supervision power, the authoritative thought of the supervision power and the supervised thought of the supervision power, which is the result of the mutual affect of the traditional thought of the people and the western authority-restriction. The design of the supervision power inherited the tradition, but with the slight revision, mainly involving the impeachment power, the audit power, the inspection power, the trial power, the prosecution power, the advice power, the agreement power, the correction power and so on. Its power is numerous and in disorder showing the constantly changing status. The Chinese traditional supervision power is an extension of the imperial authority, the sharp weapon governing officials, while the west capitalist country parliament supervision power is a tool by the authority to keep balance. As far as "the separation of power " is concerned, Sun Yat-sen's supervision power of "the five-power constitution" only has adopted the form of separation of power from the western, but has stuffed the Chinese traditional content of supervisory system, which is the inevitable result of the commanding system of culture. The supervision power of the party-ruled pattern is the representation of Sun Yat-Sen's idea of "administering a country by political party ", which has a great impact on the distribution and operation of the supervision power, and finally becomes the dependency of the party power of the supervision power.Chapter Two The Inheritance and Transcendence of Supervision Power of the Five- power ConstitutionThe traditional ideology and institution had a great influence on the supervision power of Sun Yat-sen's of Five-power Constitution, so it's essential to study the conventional origin of the supervision power. The supervision power was the attachment and extension of imperial authority. During the long process of historical development, the traditional supervision system formed its own institutional characteristics: the independence and vertical leadership of the collocation of supervision power; the low rank, respectable post, crucial right, high salary, severe punishment of a censor; self-contained capacity, diverse modes, the trinity of legislation, judicature and administrative supervision; the legalization of the collocation and operation of supervision power; the recognition of the selection and appointment of a censor; the strict assessment of a censor; the supervision power is attached to imperial authority, and the supreme supervisory power belongs to the emperor. Owing to the limitation of class essence, institution and rule-by-men culture, the traditional supervision power was doomed to be an instrument of official-governing, not a device of power domination and equilibrium. Influenced by the western ideology of power conditionality, Sun Yat-sen reinserted the supervisory power into the constitutional system and made the national authority under the mass supervision in the form of national assembly. To some extent, it realized power conditionality, thus it surpassed the traditional supervision power formally, whereas his maintaining of the traditional Three-Rank Nature theory ultimately made his design of supervision power regressed to the old mode of traditional supervision power. It was an evitable cultural and historical outcome.Chapter Three The Supervision Power of Five-power Constitution in the view of Western Supervision Power Theory.This chapter focuses on the difference between the supervision power of Five-power Constitution and that of western capitalist states, and surveys the supervision power of Five-power Constitution from the viewpoint of western theory. Sun Yat-sen's supervision power of Five-power Constitution was influenced greatly by western power-division theory, and his Five-power System used western power-division pattern for reference. The supervision power of Five-power Constitution was still quite different from that of western capitalist states. On the theoretic basis of Political Original Sin, Ultimate Popular Sovereignty, Liberalism and Decentralization, western capitalist states established their characteristic parliamentary supervision modes, governmental supervision modes and complex supervision modes respectively.As the component of bourgeois democracy, the capitalist state's supervision system has been a tool of vindicating bourgeois benefits all along, and its theoretic basis was idealistic, but it played an important role in preventing abuse of power. Although both the supervision power of Five-power Constitution and western supervision power had their roots in Original Sin theory, they reflected their distinct objectives. The supervision power of western capitalist states regarded power-controlling as its purport, and ensured that all national powers were under supervision by decentralizing and conditioning all the powers. The supervision power of Five-power Constitution committed itself to officer-governing and the establishment of an universal government. This purpose made the supervision power a slave to party power and executive power and weakened the valid enforcement of s supervision power.Chapter Four The Practice and Enlightenment of Supervision Power of Five-power ConstitutionThis chapter analyzes the actual operational stages of supervision power of the Five-power Constitution. The supervision power of the Five-power Constitution went through the stags of Nanking Interim Government, Guangzhou and Wuhan National Government, Nanjing National Government and Chinese Taiwanese Government, and its institutional structure presented corresponding traits at each stage. Objectively speaking, the operation of supervision power of the Five-power Constitution played an indispensable role in adjusting the local administration of civil officials and protecting the mass against the exploiting of corrupt officials. But the vague definition between parliamentary supervision power and administrative supervision power weakened the efficiency of supervision power of the Five-power Constitution and made the supervision power a tool of party and a dictator. Therefore, with the rapid development of democratic politics, the supervision power of the Five-power Constitution is bound to develop into the governmental internal supervision power, which becomes an effective tool of the chief administrative officer in supervising government departments and civil servants. The actual operation of supervision power of the Five-power Constitution also shows us that it is important for the full play of supervision power to handle the relations between supervision power and party power and actually to reinsert the supervision power into the constitutional system.
Keywords/Search Tags:Sun Yat-sen, Five-power Constitution, supervision power
PDF Full Text Request
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