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Sun Yat-sen Constitutional Thought,

Posted on:2007-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:J DiFull Text:PDF
GTID:2206360185982209Subject:Law
Abstract/Summary:PDF Full Text Request
The thought of the Five-power Constitution is the core part of the democratic constitutional system created by Sun Yat-sen, during he leading the capitalistic democratic revolution to creat the democratic nation. His theoretical system results from the combination of the West's political system and the reasonable factor of the Chinese feudal political system. The separation of five powers, right and management divided, regional autonomy and revolutional stage threoy are the basic part of bis system. His threoy had its extreme and defect and never been practiced successfully, but it pushed the process of Chinese Modem democracy politics forward. We must give due assessement to mis theory. His theory has a lot of active meanings to construct our socialism ruling country with law.This article is divided into four parts, The first part foucus on Sun " right and management divided " ideology formation process, the idea of Three People's Principles" is a major guiding principle. It advocates of the right and the power can be able to separate in a nation, the power to the people as a constraint on government power. He uphold the principle mat the power of state power from the people.At that time it has a positive progressive. But as limitations of historical and class, he underestimated the strength and wisdom of the masses, there are obvious drawbacks.The second part foucus on Sun " separation of five powers " .It's formation can be divided into generation, development and the third stages of maturity. It origins of the Western "separation of powers" thinking and ancient Chinese surveillance. Their essence is expressed in the "five rights" mutual relations. The idea have positive significance to development of the "separation of powers", against feudal tyranny, but mere are less scientific, unrealistic error.Part Ⅲ foucus on the Sun " regional autonomy " idea. It have a generation, development, and mature. Its " regional autonomy " thinking mainly come from Europe and the United States and other Western developed countries - system, its content is emphasized County as a national self-government units and "average" as the principles of the central and local power relations. The idea have positive significance to the realization of direct civil rights in China, correctly handle the relationship between central and local and to eradicate bureaucracy.
Keywords/Search Tags:Sun Yat-sen, five-power Constitution, constitutionalism
PDF Full Text Request
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