Commentary On Sun Yat-sen's Constitutionalism Thought

Dr. Sun Yat-sen is the forerunner of modern democratic revolution, is great for our motherland independent life-long struggle warriors, his constitutional ideas are always the hot spot of the theoretical research. This paper hopes starting from basic concept, deeply analyzing the internal logical relationship of his constitutionalism thought and trying to restore the original features of it. This article mainly utilizes the comparative study, interdisciplinary multi-angle crossover study methods, fully grasp the rich in historical materials on the basis of law science of constitutionlism, based on comprehensive doing logic deduction and empirical analysis.This paper will be divided into preface and five specific content chapters. Introduction of the main topic of this paper introduces the significance, the present research situation of Sun Yat-sen's constitutionalism thought and the main academic point of view, and the main research method on the process of writing, make the full theoretical background for the paper.The first part is the first chapter, summarizes the historical background of the emergence and development stage. And Three People's Principles is not only the political pursuit, but also the fundamental guiding principle of the democratic revolution, the foundation of Sun Yat-sen theory system, the origin of all other theoretical. In this paper I will also introduce Sun Yat-sen's Three People's Principles, aiming at finding the legal basis of his constitutionalism thought.The second part includes the second, third, fourth these three chapters. Sun Yat-sen's constitutionalism thought has been the focus of research, including theoretical study of the regime more, which can best embody the constitutional significance and academic value is power partition, five-power constitution and revolution procedures concerning, these three parts constitute the main frame of Sun Yat-sen's constitutionalism thought, including the main essence of his thoughts, so the author will start from three aspects, as of the base of the study. Among them, the power partition is the foundation, based on Sun Yat-sen's differentiating for legal origin, with people's management government regimes and government's own management power as content, fundamentally changed the relationship between the government and the people, pointing the way for the constitutional development; Five-power constitution is the core of his constitutionalism thought, absorbing the essence of Chinese traditional culture, correcting the malpractice of the representative system, creatively putting forward a new theory - five departments respectively enforce five powers, is the well match of Chinese and western; Revolution procedures concerning is the realization of his constitutionalism thought, is to ensure that eventually get the "constitution" to realize democracy management, military political,tutelage, constitutional three stages for achieving democratic revolution victory steps, reflects the general process of the democratic revolution.Last part summarizes the influence of Sun Yat-sen's constitutionalism thought on the construction of China, discussing on modern constitutional idea and the contribution for modern system.