Negative Right To Probe With Ancient Rome, Paul China Official System Origin

In the system of powers of Roman Republic, the tribune is opposing of any other institutes and its power is also opposing of any other positive powers. It can be said that the pratice of tribune in Rome gave birth to this kind of special power. The tribune is a vector of negative power.The traditional explanation of the Roman Republic is the theory of "mixed governmenf" established by Polybius and Cicero. It describes the Roman Republica in three parts, the officials ,the senate and the public, as the mixed constitution of monarchy, aristocracy and democracy. Montesquieu developed this theory and created the doctrine "separation of powers" which has a far-reaching influence on modern Western constitution.But when we take another perspective to the Roman Republic, we will notice the particalarity of tribune and its special power——negative power. Machiavelli took the story of the conflict of plebs and nobles as the main part of Roman Republic. Rousseau divided Roman Republic into two parts, people and officials in the government. The different interpretations of construction of modern political theory result of the different interpretaions of the constitution of Roman Republic and the different undestanding of the tribune and its power in contemporary study.The analysis of the different opinions of modern politic theories on the tribune and its power also shows its spirit, which is a guarantee of civil right against the autocracy. In the Bourgeois Revolution and the Enlightenment, "separation of powers" and the representative were more suitable for modern bourgeois state. But in another democratic context, maybe is useful also the tribune and its negative power. Contemporary Italian Romanists have started to re-structuretheory of the negative power to look for a solution to the new problem of the democracy in Western. This paper is divided into four chapters. ChapterⅠdeals with the definition of the negative power of the tribune. The second chapter deals with the origin of the negative power. ChapterⅢdescribes how the tribune materialize the negative power in Roman Republic. The ChapterⅣdescribes the devolepment of the theory of tribune and its power in modern doctrine.