The Contemporary Value Of Sun Yet-sen's Five-power Constitution Theory

China is a socialist country under the leadership of the Communist Party of China,and democratic centralism is the fundamental organizational and leadership system of our party and state.At present,China's socialist development in our country has entered a new era and has made great achievements,but there have also been many problems.Although the NPC system is the fundamental political system in our country,the executive authorities are supervised by the NPC and are responsible for reporting to them,the reality of the power structure in our country presents an imbalance of center.At the level of exercising executive power,our country now has the cross-over of administrative power of the government,the cumbersome procedure,the irresponsibility of right and wrong,the law of profit and forgetfulness,the abuse of power for personal gain,the inefficiency and other phenomena make the government ineffective and reduce credibility.At the same time,the system of restricting and supervising administrative power is not yet perfect,resulting in an endless stream of abuse of administrative power,the government's ability to solve disputes is also constrained to a certain extent.In the exercise of legislative power,there are legal defects,system defects and policy defects.The direct consequences of being legal flaws,system flaws,policy shortcomings are"law harmfulness”,"stem harmfulness” and"policy harmfulness”in the exercise level of judicial power.Because the government's moral disorder,it appeared for the phenomenon that law the problems of failure to observe the law,illegal administration,weak law enforcement and miscarriages of justice in the level of judicial operation,if keep going like this,the credibility of the law will be lost.In the level of the civil service examination,the legislation of the civil service examination and employment system in our country is lacking,the civil service examination conditions are not uniform all over the country,and the competent authority has long management,its scope of the power and responsibility is unclear and this legal liability is not strong.In the exercise level of discipline inspection and supervision authority,its related laws and regulations are low level and not Systematic and not enough,its contents are lagged behind and the relative independence of supervision power is not strong,its scope of supervision authority is unclear,its absences and offsides appeared.Excessive administrativepower made the legislative,judicial,examinations and inspections weak,and the unbalanced state finally made the division of labor and control mechanisms unbalanced.At present,how to solve the above-mentioned problems effectively in our country is imminent.Former director did not forget,the funeral director,I believe Sun Yat-sen's Five-Power constitutional theory provides us a very important reference for solving the current problems in our country.Therefore,this article mainly studies the current value of the rule of law of Sun Yat-sen's Five-Power constitutional theory to explore how to solve the problems,I proposes that we must be based on the theory of power separation and restriction,it should provide an appropriate rule of law framework for the improvement of laws,regulations,procedures of supervisory and regulatory mechanisms governing legislative power,executive power,judicial power,examination power and discipline inspection and supervision power.Through the research,on the one hand,from the perspective of the rule of law,how Sun Yat-sen's constitutional theory of the five rights can be borrowed from contemporary research to solve practical problems and make up for the shortcomings in the field of civil law in mainland China for many years and link to reality closely;on the other hand,it will actually benefit the spirit of modern rule of law from our country and the separation and restriction of powers are carried out so as to promote the legal construction in our country.A handy tool makes a handy man,to study the value of the contemporary legal system of the Five-Power constitutional theory,we can adopt two methods:static research and dynamic research.The former shows the nature,contents,functions and relationships of the Five-Power constitution.So we understand its occurrence,after evolution and so on.Specifically speaking,in the aspect of general methods,comparative studies,logical studies,functional studies and surveys,statistics;in the special methods,the analysis method of evolution is used to grasp the ideological foundation,focus on the political system and pay attention to practical problems.Firstly,through the use of analytical methods,the nature,content and functions of each of the five powers are studied,and then their respective values in the rule of law that can be borrowed from the contemporary are analyzed.Secondly,through the comprehensive law,we should fully understand the theory of the Five-Power constitution and how to draw lessons from the theory of the Five-Power constitution in the related laws and regulations,procedures,supervision and restriction in our country today.Thirdly,through a critical approach,from the opposite point of view,a careful and meticulous study of the Five-Power constitution has taken place.Fourthly,through the comparative study,we can make an appropriate comparison between Sun Yat-sen's theory of the Five-Power constitution and the theory of the separation of powers between Europe and the United States,so we can.The object of study is learn the similarities and differences and find out more suitable for China's national conditions.Fifthly,through the legal research,we can analyze whether Sun Yat-sen's theory of constitutional theory of Five-Power can be applied to the political behavior of our country,how to strive for renewal so as to give the significance of the times and solve the problems in the field of the rule of law today.In this paper,the innovation of research methods mainly focuses on the use of evolutionary methods in dynamic research.Whether it can be transplanted and borrowed in the context of contemporary China,The paper analyzes the comparability of the institutional environment,the similarity of the problem,and the feasibility of the reference.The constitutional theory of the five powers is more advanced than the three-power constitutional theory,with theoretical and philosophical features.The content innovation mainly studies the contemporary value of Sun Yat-sen's Five-Power constitutional theory from the angle of the rule of law,innovates in the viewpoint and research method,and plays an important reference role in the construction of China's legal system.The core content of Sun Yat-sen's Five-Power constitutional theory is the theory of the separation of powers.From the angle of the rule of law,this article explores how to solve the current administrative,legislative,judicial,examination and supervisory powers in China by reference to the Five-Power Constitution problem.The contemporary value of the rule of law of Sun Yat-sen'Five-Power constitution theory.With Imperialism colonial expansion within the globe,China inevitably became a semi-colonial and semi-feudal society invaded,Sun Yat-sen as the representative of the Chinese people of insight were exploring the road of salvaging the country.His Five-Power constitution theory combined the essence of Western culture and the constitution of Chinese traditional culture,although there is a conflict between the two side and Five-Power constitution theory has centralization trend.on the one hand,there is a process that they wanted to get rid of thousands of years of feudal autocratic centralization of traditional influence,on the other hand,Sun Yat-sen wanted to build a universal government by Five-Power constitution theory in order to allocated resources efficient and improve governmental performance.After Chiang Kai-shek came to power the theory was tampered andused,but its value is a great asset for our country's construction of the rule of law.Based on the premise that the rule of law,the contemporary value of the rule of law of Sun Yat-sen' Five-Power constitution theory' reference significance was studied from executive?legislative,udicial,examination and prosecutorial power to China's executive,legislative and judicial powers?the civil service examination and discipline inspection rights today.Sun Yat-sen established the theory of prosecutorial power from the theoretical basis of the separate power.The theory is made up of thoughts about monitoring government ownership right to rule?Prosecutorial Power Independence?MonitoringPower being subject to supervision?monitoring and Control Yuan to monitor people combining,this provided it reference to solve the problems of discipline inspection and supervision rights today.In conclusion,although the Five-Power constitution has been controversial since its inception,the Kuomintang,after its withdrawal from Taiwan,has been expanded from the existence of the examination and supervision supervisors to the existence of the five-state hospital system.Many experts in the Mainland also consider the theory of the Five-Power constitution too idealistic,Far from reality,and the theory itself has great limitations,there is no great value.However,this is not the case.In my opinion,the constitutional theory of the Five Powers of Sun Yat-sen is still of great value to the legal construction in our country today.On the one hand,at present,the rule of law in our country should not only strengthen its own construction in accordance with its traditional culture and national conditions,but also combine its experience in overseas construction.On the other hand,it is necessary to strengthen the construction of the rule of law,change the situation of "re-entity and light procedure",strengthen the construction of procedural laws and regulations relating to the various rights,and improve the implementation of procedures.Thirdly,Sun Yat-sen's Five-Power constitution pays attention to the division of powers,supervision and authority.Our country should also strengthen the division of powers and constraints.Finally,we must improve the efficiency of exercising each right and improve the quality of the operation of all its powers.At the same time,according to the study of the five-right constitution theory,we put forward the theory of five-power constitution should be the "two-powers" constitution theory and we proposing to establish a new NPC supervisory committee in order to strengthen supervision of supervisory power and other new ideas Innovative in research content and system.We also studied how to learn from Sun Yat-sen'sfive-power constitutional theory about hot and difficult issues in the current legislative,executive,judicial,civil service,and supervisory powers in China.