From the Tang Dynasty to the Qing Dynasty, this system was implemented. That is, in the five-power constitution of Dr. Sun Yat-sen, there is also a special right to take examinations. This system, in theory, is by no means criticized, but it is still full of problems since then. ——Excerpt from the second lecture of Qian Mu's "Political Gains and Losses in China's Past Dynasties" "Tang Dynasty and Tang Dynasty Examination System" Mr. Qian Mu said, "Even in the five-power constitution of Mr. Sun Yat-sen, there is also a special right to examine. This system, in theory, is by no means criticized, but it is still full of problems since then. In this sentence, Mr. Qian's focus is only on the five-power constitution created by Mr. Sun Yat-sen as an example to explain the examination system, and does not talk about Mr. Sun's five-power constitution in depth. After all, Mr. Qian Mu mentioned the five-power constitution as an intellectual introduction and **, I am personally very interested, so I will talk about this topic. First of all, let's talk about the theoretical basis of Mr. Sun Yat-sen's five-power constitution, that is, metaphysics.
Clearly, Dr. Sun Yat-sen agrees with the basic fact that both in the West and in China there is a political system of power separation. The political system in the West is mainly set up by the separation of legislative, judicial, and executive powers led by the United States. In the view of Dr. Sun Yat-sen, the political system in ancient China was mainly the separation of administrative power, supervision power and examination power. Both of these kinds of separations have drawbacks. Therefore, Mr. Sun Yat-sen took advantage of his strengths to make up for his weaknesses, and the two were combined to integrate. Five powers are separated, namely, executive power, legislative power, judicial power, supervisory power and examination power. The reason why Mr. Sun Yat-sen set it up like this is, in his opinion, in ancient China, the administrative power and the right to take examinations, that is, the right to appoint civil servants, would lead to the private use of public power. The civil servants who are elected only recognize the elected, but not the public, forming a power group. In the West, the legislative and judicial powers are separated, but in practice, there is no perfect supervision system, resulting in excessive legislative and judicial powers, which need to be weakened and controlled. It was based on this understanding that Dr. Sun Yat-sen established the Five-Power Constitution and established the Five Courts. Thus, Mr. Sun Yat-sen established the five-chamber system under the National Assembly of China, which is the power structure, that is, metaphysical. The political structure designed by Dr. Sun Yat-sen, the highest organ of state power is the National Assembly.
This institution is similar to the Imperial Council in ancient China, and also to the Upper and Lower Courts in the West. The difference is that in ancient China, the imperial assembly was headed by the emperor, that is, based on private power. The National Assembly is the embodiment of the public power of all citizens. The upper and lower courts of the West belong to the bicameral system, and Sun Yat-sen is combined into one house. The powers exercised by the National Assembly include the power of appointment and dismissal, the power of veto (the right to approve and veto, which is actually the power of examination and approval), the power of supervision, and the power of creation. It can be seen that the National Convention exercises decision-making power. It's the right to be superior. Under the National Assembly, there are five courts, namely: the Legislative Yuan, which exercises legislative power, examination power, and constitutional drafting power. This is actually a split of the approval power in two. The power of the National Assembly is relatively simple, similar to the emperor's power to draw the edict, that is, to pass and negate. The Legislative Yuan's power of examination and approval is equivalent to that of the Ministry of Justice. The Judicial Yuan exercises judicial power, procuratorial power, and constitutional interpretation power. Among them, the adjudication power lies with the courts, the procuratorial power lies with the procuratorate, and the power to interpret the Constitution rests with the Supreme Court. It should be noted that the procuratorial power is not the power of supervision, but an integral part of the judicial power, one of the judicial procedures, and part of it has the power of judicial supervision. Executive Yuan, exercising executive power. The Executive Yuan, designed by Sun Yat-sen, is an administrative executive body. In fact, it is the result of a further narrowing of the concept of administration.
The scope of power, both in comparison with the Western administrative system and in ancient China, is strictly limited and much smaller. The examination institute shall exercise the right of assessment and dismissal. That is, in ancient times, it was called the right to describe, including selection and adjudication. Supervision Yuan, exercise the power of supervision, the right to **. In fact, this supervisory power is actually very small and weak, and there is basically nothing to do. Soon after the five-power constitution was formulated, Sun Yat-sen died. In order to cope with the situation, the Kuomintang convened a political conference and decided that in the future, the Kuomintang would adopt a committee system under collective leadership and change the name of the highest administrative organ to the Kuomintang. Wang Jingwei was inaugurated as chairman of the Standing Committee of the National People's Congress, chairman of the Military Commission, and director of the Propaganda Department. Although he is the chairman, he is a committee member after all.
Wang Jingwei is only one of the committee members, and he is only the convener. The so-called chairman is also the chief. At this time, the people nominally controlled the southeastern provinces, but in fact they could not govern Guangzhou. The southeastern provinces are actually controlled by the warlords, and only Tan Yanmin in Hunan is the one who agrees with the **, and the others are all ghosts. So, Chen Jiongming jumped out. His wishful thinking was very good, those people in Guangzhou were not prestigious, and they only had a few thousand student troops in their hands, while Chen Jiongming had 50,000 troops in his hands. As a result, the Whampoa student army of more than 1,000 people beat Chen Jiongming's 50,000 people all over the ground to find teeth. In the first Eastern Crusade operation, Chiang Kai-shek served as the commander-in-chief, and won fifty victories, which was simply the reincarnation of Huo Quai, and Chiang Kai-shek was named a god because of the first war, and was worshiped as the god of war by the Kuomintang. Chen Jiongming was naturally unwilling to fail, and when he made a comeback for the second time, he still failed. Why was Chiang Kai-shek able to achieve such brilliant results? Is it really because he is the god of war? No, it's because the all-Soviet ** in his hands is excellent. Although Chen Jiongming has 50,000 troops, only three or five people in his troops have a gun. And the Whampoa Student Army, holding the Soviet-made **, has three guns and five guns per person. The firepower of a squad is equivalent to a company of Chen Jiongming. After the confluence of Ninghan and Han, Chiang Kai-shek became the chairman of the Kuomintang. There is a premise, that is, he agrees to follow the five-power constitution, promulgate the "Outline of Discipline and Administration", and formally establish the five courts under the people.
At this time, Chiang Kai-shek did not hold great power, and the strength of various factions in the Kuomintang was still very strong, but he was a new generation, and he had to wrestle with the bigwigs, and he was still not ready to fight. In the "Outline of Political Discipline," there are two items that are fatal to Chiang Kai-shek. First, the "Outline of Discipline and Administration" stipulates that "the amendment and interpretation of the Organic Law of the Chinese National Government shall be decided by the political meeting of the Chinese National Executive Committee." "This is actually the organizational structure of the Kuomintang ** under the rule of the Kuomintang. This is also the reason why the Kuomintang has always called itself the party-state. But the highest authority of the party-state is a committee. For Chiang Kai-shek, the chairman of the Kuomintang, it is the superior power. In other words, Chiang Kai-shek had to listen to the political meeting of the Executive Committee. This is tantamount to putting a tight spell on him. In addition, there is a provision that the five chambers are independent of each other and exercise their powers. All laws and decrees promulgated by the people must be signed by the chairman and the presidents of the five academies. This was tantamount to putting another tightening spell on Chiang Kai-shek. But less than three years later, Chiang Kai-shek amended the Organic Law to assign the power to appoint the presidents and vice-presidents of the Five Houses to the chairman of the Kuomintang. Originally, it was jointly implemented by the chairman of the national ** and the president of the five houses, and the chairman was only the convener, but now it has become the chairman of the national ** to lead the five houses. As soon as the organic law was changed in this way, the five-power constitution designed by Sun Yat-sen with the separation of five powers was directly finished.
At the end of this year, due to this year, not only did the September 18 Incident occur, but also the Central Plains War broke out, Chiang Kai-shek also imprisoned the Kuomintang veteran and Legislative President Hu Hanmin in Tangshan, and the middle and lower reaches of the Yangtze River There were many factors, and the Kuomintang veterans plus Sun Ke and others were transferred from Nanjing to Guangzhou, to set up a separate ** to contend with Chiang Kai-shek. Chiang Kai-shek had to announce his second resignation from the post of chairman of the Kuomintang and commander-in-chief of the three armed forces, but still controlled the premier in his own hands. Succeeding Chiang Kai-shek as chairman of the Kuomintang was Lin Sen. In fact, Chiang Kai-shek once again played a political conspiracy, once again rebuilt the Organic Law of the People's Republic of China, and took away the right to appoint the presidents of the five academies from the hands of the chairman and placed them in the hands of the executive premier. Lin Sen thus became an empty shell chairman. Twelve years later, Lin Sen died of illness, and Chiang Kai-shek once again assumed the chairmanship, and once again revised the organic law to concentrate these powers on the chairman, that is, on himself. The Chinese Five-Power Constitution established by Sun Yat-sen was written in black and white, but in fact it was not really implemented for a day. The ideological basis of the five-power constitution established by Sun Yat-sen is correct, but it is not without problems.
Personally, I think the biggest problem is the mixing of decision-making power and executive power. It is stipulated that the supreme power belongs to the people**. But in essence, the supreme power belongs to the political meeting of the National Executive Committee. In fact, this political conference cannot really restrain the people, especially the head of the people, and even does not have the ability to defend the constitution. First, the powers and responsibilities are not clear, and these two institutions do not have a relationship between superior and subordinate powers, but have become two power-fighting bodies for equal rights. Second, the five courts under the supreme decision-making power actually have partial decision-making power, rather than executive decision-making power. This, in turn, led to a contradiction between the Five Courts and the upper powers. Third, there is no separation of military power, and on the surface, military power belongs to the National Military Council. In reality, it was in the hands of Chiang Kai-shek, the commander-in-chief of the three armies. Fourth, the power of supervision is actually a virtual one, just an ornament. Chiang Kai-shek and Chiang Kai-shek's supporters wantonly violated the constitution, but the power of supervision was powerless. Fifth, although the examination institute is independent of the five powers. In reality, however, the Examination Institute is just an ornamental institution with almost no administrative power.