Research On Examination Power Of The Five Powers Charter

Chinese examination system has a long history. In the ancient China, examination system was used as a way and procedure to choose the virtuous and the able, which brought significant influence on both China and foreign countries , and it was even designed as a kind of government power in Sun Yat sen's Five Powers Charter, thus forming the Constitutional relationship in the examinations and orientating independent Examination Power in the constitution.The thought of Examination Power is an important part of Sun Yat sen's Five Powers Charter theory. It is formed on the basis of Sun Yat sen's absorbing the europe-american bourgeoisie's separation of powers principle and the method of Chinese ancient imperial examination system. As far as content is concerned, it mainly includes two aspects: for one thing, to ensure the justice of the examiner, Examination Power must have a equal position as legislative, administrative and judicial institution. For another, the examination system should be extended as politicians in the western civil official system, which involves that candidates have to go through exams to get the qualification of being elected as the people's servants. Sun Yat sen's theory played an important role at that time while imperial examination system had been abolished and there were no better way to choose the talent for the country.In the process of the design, Sun Yat sen observed the shortcomings of the western separation of powers with an outstanding politician and thinker's keen insight, drawing on the Chinese ancient examination and supervise system and reformed them boldly. He learned from western's strong points to offset our weaknesses, innovated the power-separation principles of democratic state. So in reality, Examination Power of the Five Powers Charter was created through criticizing and inheriting the two different historic sources of the eastern and the western. As an important part of Sun Yat sen's Five Powers Charter system, the set up of Examination Power and Sun Yat sen's abundant thoughts of constitution interact with his mature stage's philosophical outlook, historical conception of people 's livelihood, collectivity equality, country freedom, and so on.However, though Sun Yat sen's thoughts of constitution contained the design of Examination Power, it need a procedure and adjustment to change from the theory to the codes and regulations and finally to practices and operations. When Sun Yat sen was alive, he spared no effort to bring up and achieve the advocated claim that The Examinational Council must independently execute Examination Power during constitutional government period. It was a pity that he died before all had been done.After his death, the Nanjing government only kept The Examinational Council independent nominally,in practice the function was limited. What was called choosing the virtuous and the able liked a"talking to vacant". As for Taiwan still pursue the separation of five institutes now, but criticism and doubt about The Examinational Council and Examination Power lingers on, the disjunction between theory and practice seems very serious.Therefore, it is very important and helpful to research on the theoretical connotation and operational questions of the Examination Power of Sun Yat sen's Five Powers Charter, and to inquiry of its reference for consummating our country's examination system in education field, including selecting and appointing cadres system in constitutional jurisprudence perspective. Anyway, there is an important theoretic value and practical significance on promoting the citizenship education , construction of the culture of constitutional politics and socialist construction of democratic politics.