| This article analyzes the historical value and limitations of the Ideas Five Powers' Charter and gives considerations to some social issues in contemporary China with its thinking by using the Ideas of Five Powers Charter as a subject and unique systems and clear characters as a main link.The article consists of five parts:Part 1 describes the background of the making of the Ideas of Five Powers Charter. At that time, China was reduced to the status of semi-colonial and semi-feudal society and the sovereignty of China was gradually lost with the invasion by Western imperialist powers. The 1911 Revolution led by Dr. Sun Yat-sen overthrew the feudal autocratic monarchy of the decayed government of the Qing Dynasty. He established the systematic Ideas of Five Powers' Charter in the long-term revolutionary practice and seeking the truth from the Western countries.Part 2 describes the systematic contents of the Five Powers Charter, including the political system of the separation of five powers, different from the separation of three powers, four direct people's powers and the separation theory of powers and functions.Part 3 describes that the essence of the Ideas of Five Powers Charter is the capitalist democratic and republic legal thinking, which has been approved by the class interests represented by the Ideas of Five Powers Charter and the spirits and principles featured by the Ideas. By comparing the Ideas of Five Powers Charter and the separation of the Three Powers Charter, it elaborates the completeness of the political systems of 'Five Powers' separation and the advantages of four direct people's powers and indicates a combination of the Chinese and Western characters. Compared with the speech of 'Five Powers' by Zhang Taiyan, the Ideas of Five Powers Charter by Dr. Sun Yat-sen is more complete, characteristic and revolutionary. The Ideas of Five Powers Charter was the most important and influential thinking in the country at that time. Furthermore, this part also describes the relationship between the Three People's Principles (nationalism, Democracy, the People's Livelihood) and the Ideas of Five Powers Charter, which were used by Dr. Sun Yat-sen as his strategy in governing the country. Therefore, it is the relationship of whole and part.Part 4 describes the historical value of the five powers charter. From the viewpoint of Historical Materialism, the Ideas of Five Powers Charter was advanced at the time and offered us new and beneficial information, describing that sovereignty was on the hand of the people and criticized the feudal autocratic systems which have restrained the people's rights, thus giving an impetus t arousing the democratic consciousness of the people, encouraging them to strive for their own legal democratic rights. The five powers charter also advocated the people's political country of the direct people's rights to replace the shortcomings of parliamentary politics, thus indicating the political capacity of Dr. Sun Yat-sen towards the traditional challenges. In the process of law native-ness, the Ideas of Five Powers Charter is a milestone and embodies the principles of democratic centralism.Part 5 describes the historical limitations of the Ideas of Five Powers Charter. We should make a historical, concrete and complete analysis of a legal thinking. While we sang praises for the historical progressive significance, we should also accept its class limitations and historical limitations. The Ideas of Five Powers Charter can't get rid of the bonds of the capitalist legal viewpoints or embody the real rights are on the hand of the people. Therefore the limitations have led to the result of studying the political system while neglecting the system of government. Objectively speaking, the Ideas of Five Powers Charter have not been put into effect and have been used as a tool by autocrats, which Dr. Sun Yat-sen felt the most regretful for the Ideas . |
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