1、孙中山三权分立Sun Zhongshan the separation of the three powers孙中山三权分立（Sun Zhongshan, the separation of the three powers）Key words five power constitution restricting the power of three powersAbstract Sun Zhongshans thought is the separation of five powers and the initiation of a direct impact on the Wester
2、n Representative Thought under the separation of the three powers under, but the five power constitution thoughts of Sun Zhongshan is to correct the shortcomings of three powers system created, so the difference between the two is not simply on the amount, the two have a principled distinction.Sun Z
3、hongshan thought of the five power constitution is sum up historical experience of capitalist political system success in Europe and the United States, Japan and other countries, in eighteenth Century seventeen, adopted the Western Enlightenment thinkers doctrine, and joined the Chinese history of p
4、olitical rule and the formation of distinctive experience, is the expression of sun Zhongshan hope that the new Democratic Republic idea the theory, is a master of his thought into. Sun Zhongshan the separation of the three powers of Western thought and thought are closely related, it can be said th
5、at the separation of five powers is the direct effect of the separation of the three powers under the initiation. But Sun Zhongshan proposed separation of five powers and the western representative of the three powers is not simply the amount of the differences, the two have a principled distinction
6、:First, the ideological basis of the two are differentBased on the separation of the three powers is the western theory of decentralization, the separation of the foundation is the separation of power. The theory of separation of powers was advocated by Western Enlightenment thinkers such as Rock an
7、d Montesquieu. The idea is to protect the freedom of the people and to carry out the rule of law. In order to prevent tyranny, the power of the government should be divided into several independent power by different authorities to exercise independently, and mutual restraint, as Montesquieu said: n
8、o matter who mastered the power, will be applied to his authoritarian pole,. To stop the abuse of authority, power must be used to contain power. But the separation is constructed on the theoretical basis of the separation of power, this is Sun Zhongshan in the study of the three Western powers thou
9、ght after the discovery of three powers has many disadvantages. Created in order to overcome these ills. The idea is that as long as the people have the right, they are not afraid of the governments omnipotence. Moreover, it is necessary to have a universal government in order to make the people hap
10、py. Therefore, he advocated the state power into political power and the right to rule, the regime for people to grasp, with the election and recall, initiative and referendum four power, the former two are people management officials in power, they are peoples legal power management. Four of the pe
11、ople have the power, civil rights fully, and have the power to manage everything the government can control it; governance including administrative, legislative and judicial examination and supervision, the five power, with the universal government organization, because the fate of power control in
12、the hands of the people, so it can only be good, and no evil. In this way, peoples rights and the government power and civil rights: both run parallel efficiency, so that the two tends to coordinate and balance, overcome many abuses under the separation of the three powers.Two, the purpose of the tw
13、o differentIt is because of the separation of three powers and different theoretical basis, so the two is different, the separation of the three powers aims to protect personal freedom and rights, and the separation of the purpose is to realize the right of the people, the government has to.The west
14、ern theory of separation of powers was completed in the bourgeois revolution period. The constitution was born after the gradual maturity of human rights thought as a theoretical system and social ideal, restricted by the specific historical background. The direct basis of the western traditional co
15、nstitution is derived from the theory of natural rights of human rights and peoples sovereignty. The so-called natural rights refers to the human life, freedom, equality and property, etc., is inherent, inalienable and non transferable rights. In order to solve the difficulties and inconvenience to
16、people without the state and the government of the state of nature, through the constitutional government organization, its purpose is to require the exercise of state power to protect the basic rights of each person, the realization of social common public interests. Therefore, the government is on
17、ly the peoples trustee, in order to prevent the government after obtaining the trust of the people, the risk may repeat the mistakes of the feudal autocratic monarchy, Western Enlightenment thinkers on the thought of separation of powers and checks and balances, invented the theory of separation of
18、powers, use the law to bind the government, in order to prevent tyranny, freedom and personal rights the. Sun Zhongshans aim is to realize the separation of the right of the people, the government can, but he in the investigation of Western separation of the three powers of the political system and
19、found that it has many disadvantages, a peoples attitude is always against the government, the relationship between the people and the government is the opposite; under this system, the right of the people and the government can deviate from the civil rights in developed countries, the government is
20、 incompetent; the government can country, civil rights is not sufficient, even can not be guaranteed. Therefore, Sun Zhongshan learned from the experience of the United States and Europe, complied with the needs of the world trend, focused on the realization of the interests of the whole people, inc
21、orporated individual freedom into the freedom of the group, and put forward the proposition of building a universal government,The approach to realize this purpose is that the government, separation of five powers is divided into five different departments carry out their duties, cooperate with each
22、 other, under four power control of the people to form a group, creating a highly efficient state machine, better realize the sovereignty of the people.Three, three and five power right in different in nature and scopeThe western three rights refers to the state power into legislative, executive and
23、 judicial powers, Sun Zhongshans five powers is based on the above three on the right and right, right of supervision and examination, examination power is separated from the West in administrative power, supervision power is separated from the the legislative power of the. It should be said that Su
24、n Zhongshans five power is not three right simple plus two rights, in Sun Zhongshans design, state power will be divided into five power, its nature and scope is different from the western three right, a fundamental change.The administrative power is the implementation of laws and policies, safeguar
25、d public safety, and it sent envoys, defense foreign aggression, state power, is indispensable in the government authority, and the government is essentially administrative. In the separation of the three powers system, pursue legislative supremacy, so must be governed by the administrative legislat
26、ion, if you have the power to be able to guarantee their good behavior of citizens in jail if the legislature for administrative organs, freedom cannot exist. Moreover, the administrative power under the separation of the three powers is a passive and negative authority, and the scope is very small.
27、 The separation of five powers under the administrative power, is a kind of governance, because its purpose is to establish a universal government, for the welfare of the people, and the realization of this function is the most important to rely on administrative power, so in this system of administ
28、rative power is active and active, its range is very large. Sun Zhongshan mentioned in the five power, always refer to the administrative power, which is the legislative power, judicial power, examination power, supervision power, it can be said that the administrative power is the first of the rema
29、ining four is right around the administrative power around its services, which broke the western legislation first pattern.Legislative power is the power to make or amend the law, the general will of the state. In Montesquieus argument, although that legislative power should have the collective enjo
30、yment, but the direct exercise of civil rights is not possible in the country, the country has a lot of inconvenience, so people must through their representatives elected to do all the things they cant do things, therefore advocated the exercise of legislative E5 right through the representative, t
31、he representative organization is to make laws or supervision of its laws and executive elected. Under the guidance of this theory, the legislative power under the separation of the three powers belongs to the representative organ of Parliament. It represents the people and supervises the government
32、 and makes laws. In this sense, the legislative power belongs to the government. The legislative power under the rule of separation of five powers belong to the content of the right, in order to reference the needs of administrative management, administrative experience, and actively put forward leg
33、islative proposals, to solve the problem of administrative management. And the scope of legislative power than the legislative power of the separation of the three powers under the scope to be small, because the design in the five power constitution, Parliament will supervise the governments power of impeachm
