Research On The Power Check And Supervision Thought Of Sun Yat-sen

Sun Yat-sen is the first Chinese politician and thinker who learn from the Western according to the chinese characteristic and put forward a perfect constitutional theory.It is the whole life pursue for Sun Yat-sen to build up a nation that the people have their power and the government has its ability.It is always the most important problem of Sun Yat-sen's consideration and focus how carry out a people's valid control for national power at the same time of promising "the government has its ability".This thesis's aim is to pass the analysis and research of the power check and supervision thought of Sun Yat-sen, to announcing the logic system ,the thinking characteristic and the practicing value of it,and to draw lessons from it to strengthen the power check and supervision and inspect for main contents of the political setup reform.In chapter 1,the thesis studies on the theories of power supervision of the mankind history,that is the main source of the Sun Yat-sen's thought and would help to learn the thought of Sun Yat-sen's in methodology. The thesis thinks the mankind theories of power supervision and the body they build up by the theories can be divided into four: the mechanism of using right to control power,the mechanism of using power to control power,the mechanism of using law to control power and the mechanism of using morals to control power.Different from the inside reason of it ,the mechanism of using power to control power can be divided in two parts.The one is the mechanism of power check and balance,the other is the machanism of the supervision of different department.The first one is emphasis on the restriction of different powers.And the second one is emphasis on the suervision from the high level to the lower level. From chapter 2 to chapter 5,the thesis keeps studing on Sun Yat-sen's power check and supervision thought more further.The thesis thinks that the Sun's thought has been a perfect theory system.That's not only including the people's rights,but also including the powers restriction;not only including the rule of law ,but also including the emphasis of morals.Among them,"the people have powers"is the very beginning and the ending and still the logic basic point of Sun's thought,that means the mechanism of using right to control power;the deperation of powers is the design of the system of Sun's thought,and stands for the mechanism of using power to control power,the"different from power and ability"is the next step of"the people have rights",it is also the political theroy of concrete system design of"national assembly","five parts of powers","autonomy of counties","equality of powers"and so on;The legal thoughts including five powers in constitution is not only the legal body of the Sun's thought,but also emphasize the independent value of law and claim to use law to control power;The thought of"civil servants"is the claim of morals of Sun's thought,in order to control the power,the power subject must be self-restriction. The thesis thinks although Sun Yat-sen claimed the civil's rights namely the passive rights all along,he emphasized the positive rights such as the direct people's rights even more.Because of his emphasis on the freedom of nation at his late yeares,it is thought easily that he looked down on the individual rights,that give an excuse for the nation encroaching the individual rights;at the design of the system , Sun Yat-sen claimed the mechanism of power check and balance at his first yeares,but the thought such as"different from power and ability","national assembly"and so on that he claimed at his late yeares, from the inside reason of it,is totally belong to the division of supervision mode, namely the national assembly is the power organization, to supervisor the five departments of the goverment from the top,and the five departments then mainly are a kind of government organ inner part of the job power division of power relation, be responsible for the national assembly together;he claimed to believe in law,but he thoughts that"the rule of party"is"the rule by man"not"the rule under law",and emphasized on the moral to a fault,that makes the rule of power in china is always in the shadow of the rule by man since then.In chapter 6,the thesis studies on the practice of Sun's thought by analying fulfillment process of Sun's life and after he passed away. The thesis thinks that concerning Sun's the fulfillment of the power check and supervision thought, it is mainly at Sun Yat-sen to pass away what juniors go.At the meantime,it is also thinks that the practice of Kuomingtang's political power is seemingly in harmony but actually at variance.The failure of the practice is not only beacause of itselves'reason,but also beacause of the insufficent of Sun's thought,some contents of the thoughts are easy to be the excuse of absolute monarchy and related with the lack of the sense of right in the traditional thought in China.That proves the difficulty and the hardness of the process of constitutionism and power restriction in China.