Strategy And Approaches For The Origin Of The Five-power Constitution Thought

Mr. Sun Yat-Sen proposes the five-power constitution thought which is characteristic, not only has the complete system info, moreover also obtains in China fulfills, holds the important status in near modern constitution history. However the five-power constitution thought by the history had been proven that is not successful, its complex theory origin is a substantial clause, Sun Yat-Sen expected that through uses West's constitutional government system to achieve the powerful nation the goal, on the other hand also to with difficulty coexists with the constitutional government idea some native place law tradition absorbs, the complex theory origin and behind the values different orientation caused the five-power constitution thought to fill the contradiction and the conflict, was unable to guide China to move toward road of the constitutional government.The five power constitution thought germinates in 19century's ends, influence by the time background. Its primary coverage discusses including power partitioning with five power separations discusses two close relations parts, because Mr. Sun Yat-Sen is the revolutionary leader, therefore his five power constitution thought also obtains varying degree realization in the history. outside the five power constitution thought's abroad thought origin is mainly separation of powers theory, five power constitution thought proposed above this "Separation of rights and power" , "Five-power separation" , the goal accomplishes a almighty government, five power constitution thought has only adopted the separation of powers system external form, but has not accepted the essence which its decentralization keeps in balance, favored the traditional law culture so its intrinsic value still centralization. in the five power constitution thought's domestic origin was mainly in the ancient times law tradition power of examination and the power of supervision, this two power should relative independence, actually unable achieve the situation which met as an equal with the traditional three power, but the civil-service examination and the right of supervision theory proposed that still had made the beneficial exploration to the Chinese constitutional government construction.