The Analysis Of Sun Yat-sen's Theory To Distinguish Regime From Administration In Constitutional Effect

Sun Yat-sen is a great democratic revolutionist and thinker in recent history. It is the Three People's Principles that has become the guideline of the democratic revolution but also has played a very important role in China's constitutional thought. His Three People's Principles is the core of the constitutional thought and Principle of Democracy is the core of Three People's Principles. That is to say, Principle of Democracy is the goal that Sun Yat-sen devoted himself to achieving with a series of original theories among which the Theory to distinguish Regime from Administration is crucial.He considers it necessary to divide the political authority into Regime and Administration. Making people enjoy political authority leads to limit and supervise the government's rights. On the other hand, the government directly administrates the state and society by carrying out Administration. With the political powers, people own the right to vote, the right of recall, right of initiative and the right of referendum. In other words, that is to elect and recall the officials, initiate and make referendums on laws. With the right of administer, the government owns legislative authority, executive authority, judicial authority and procuratorial authority. The Regime mentioned above is the principal part of the state system for it is considered as the authority of people and running the government. Regime can be sorted into two parts: On the one hand, the authority of administrating officials refers to administrate the government officials by people. On the other hand, the authority of managing laws refers to initiate and revise the laws by people. His theory maintains the spirit of pursuing democracy. In the theory, he highlights the 'sovereignty belongs to the people'. He considers, 'people have the authority of administrating the government whose affairs have to be under control of people.' This is the accurate principal for the relationship between these two aspects. As he anticipated making China develop into a Bourgeois Democratic state, Sun Yat-sen extremely focused on the relationship between people and government. On the other hand, he believes that every state must emphasize the strictness of forming a government and efficiency of executive but also fulfill all kinds of executive affairs undertaken by government accurately and properly. Supplementing each other, the two aspects illustrate Sun Yat-sen'sviewpoint——ensure people's rights and limit government's authority. In addition, the twoaspects attach importance to that the government officials must be made up by specialists in every field and that the government must serve people as its essential principal. Undoubtedly, the Theory to distinguish Regime from Administration originally raised by himself to carry out Principal of Democracy is the crucial theoretic basis of Sun Yat-sen's Principal of Democracy as well as the core of his theory frame. However, there are a lot of drawbacks in such a theory and the revolution theories based on it. Apart from this, when Sun Yat-sen put forward the theory, he didn't analyze the social problems including people's views and social system especially the 'political tutelage' had bad effects on the following political revolution. For instance, the governors intended to realize personal despotism rather than make progress in constitutional politics. The government forced people to improve their political awareness by means of excuses in order that the period of 'political tutelage' can be kept as long as possible. As a result, the constitutional thought definitely can't be accomplished. However, the constitutional thought is very useful for us now.