The Scholars Words Political: Sameng Wu Democratic Constitutionalism Study

Sa Meng wu's democratic constitutional concept, directly inherited from the Sun Yat-sen's "five-power Constitution" and gave full play of it. The concept was directly succeeded from the core elements of Sun Yat-Sen's "five-power Constitution", which implement Separate Power and create universal government. As the same time, the concept also reflects the distinctive features of the Sun Yat-sen's "five-power Constitution", not only by absorbing the thought of modern Western law,but also by carrying forward the traditional Chinese political system. Born at the beginning of the era of great change in China, Sa Meng wu proposed the concept of democracy constitutional, which was immediately caused by changing the harsh reality form the common aspiration of people with lofty ideals and strongly contrasting between the further decline of the late Qing and the rise of Western capitalist imperialism. With the rising of Republic of China, society became increasingly open, and different kinds of political thought have mushroomed in China. These things seemed to make Sa Meng wu see the dawn of Chinese political modernization. Just followed this historical trend, he proposed the concept of democratic constitutional. Basing on systematically studying the concept of Sa Meng Wu's democracy constitutional inspection system and separately studying the "May Fifth Draft Constitution", the author expounded that the concept of Sa Meng Wu's democracy constitutional is a Constitutionalism, which is building on the basis of achieving democracy and different from the Western concept of the Constitution in the three powers. The constitutional concept is not only a product of the integration of the rule of man and the rule of law, but also that of the integration of the democracy and the dictatorship. Moreover, the concept is a product of the integration of the Constitution of the three powers of Western and the Chinese traditional political system. Therefore, its ultimate goal is to achieve "the Government have the ability, and the people have the rights", and to push forward the development of political modernization.