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1.The Evolvement of Five-power Constitution Thinking
The Five-power Constitution was the originality of our National Father, Dr. Sun Yat-sen. As early as in the 19th century, Dr. Sun started to contemplate on the idea of a Five-power Constitution. But it was not until the 2nd of Dec 1906, did he put the idea officially into text. At the beginning of establishment, the focus was on the independence of Examination and Supervision powers to repair the abuses brought by the division of three powers. In the 1919, Dr. Sun finished "Dr. Sun Yet-Sen's Philosophy" and further explained the Five-power Constitution system. He added in the National Assembly apart from the five institutions. In 1921, Dr. Sun lectured on the Five-power Constitution and put forward the initial idea of Power-function division. The next year, in his , he brought forward the general plan of a commonwealth-government in particular:
(1)County Autonomy
(2)Politics of the commonwealth
(3)Separation of quintuple power
(4)The National Assembly
The former two are direct powers of the commonwealth and are exercised directly by commonwealth. The later two are indirect powers of the commonwealth and are exercised through the National Assembly on the central government. Dr. Sun said that the power of the commonwealth could be carried out only when all the four things are in practice. In 1924, Dr. Sun personally established "Fundamentals of National Reconstruction". The specific frame of the Five-power Constitution system is then accomplished.
2.The Special Features of Five-power Constitution Policy
The Five-power Constitution is a Constitutional system based on the thinking of the Three Commonwealth's Principles; dividing the governing power into five independent institutions like: Executive Yuan, Legislative Yuan, Judicial Yuan, Examination Yuan, and Control Yuan; with the division of Function and Power as its premise.
(1) The Division of Power and Function
??The division of function and power means that "commonwealth has the power and the government has the ability". Both belong to their own position but play different roles. They also can "supplement each other without conflict", to solve the age-old problems of political systems. Dr. Sun pointed out that commonwealth-powered countries are afraid of an omnipotent government that commonwealth cannot control; yet the best thing for them is an omnipotent government totally controlled by the commonwealth to work for the well being of the commonwealth. That is to say, states governed by commonwealth are afraid of an omnipotent government, which is why Dr. Sun put forward the Five-power Constitution to divide power and function. He divided the power into two parts: one is the political power, a power for commonwealth to control the government; the other is the governing power, a power for the government to work for commonwealth. The former is the power of commonwealth and the later is the power of the government. They should have differences and complement each other. Dr. Sun reckoned that the commonwealth should have four powers against the government: election, dismission, institution and veto. The power of governing is divided into Executive Yuan, Legislative Yuan, Judicial Yuan, Examination Yuan, and Control Yuan. That is to say, the "power" in Power-function division means the dominion of the political power; and the "function" in Power-function division means the effects and abilities of the political power. To compare the "power" and "function" of the political power, the former focus on displaying the spirit of democracy-power; the later focus on displaying the efficiency of the government-function. The highest ideal of politics can be gained only when both democracy and efficiency work at the same time.
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