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Introduction
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Sun Yat-sen, a Chinese constitutionalist, is considered as one of the most important Chinese politician of the 20th century and is seen as the founder of the modern Republic of China. He was the first nationalist, who succeeded in abandoning the end of the 2000 year old empire with its democratic government model. Sun Yat-sen dealt with the supplementation of the three division of powers, which manifested itself during his time in the Western countries. A control institution (corruption, etc.) and an examination institution (such as exams) were added to the executive, legislative and Judiciary as an additional fourth and fifth separation of powers. (These are two independent from each other control separation of powers, that are used to control the government and for the examination of the functionaries. The theory of the idea of the separation of the five powers was established by the law of the 8th October in 1928 in Taiwan called "five yuan" system of the political separation of powers: Legislative Yuan, Executive Yuan, Judiciary Yuan, the Control Yuan and Examination Yuan.
Problems
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Sun Yat-Sen pointed out for several times, that he was the only founder of the Constitution of the separation of the five powers. In 1911, Sun Yat-Sen hold a speech about his new theory of Constitution in front of the "League of the Allies" (Chinese 同盟会 / 同盟会, Pinyin Tongmenghui, T'ung-meng Hui W.-G., association of (revolutionary) Alliance ', sometimes with, oath-ring 'translated), which he had created in Tokyo in 1905. In his speech, his idea of Constitution of the five powers was not taken very seriously, because just the separation of powers were known and accepted at this time. It was unknown on which principle his theory was based on, this lead to a lack of understanding. For this reason his Constitution of the separation of the five powers were considered very critically by the society.
Separation of five powers
[edit]The separation of powers in Taiwan is divided into five and not in three powers, as in the Western countries. Besides the Executive, Legislative and Judiciary organs in Taiwan, there are still two independent powers, a control institution and an examination institution. These are two independent from each other control separation of powers, that are used to supervise the government and examination of the functionaries. These five separation of powers are organized in the form of the yuan system in the People's Republic of China and Taiwan: Legislative Yuan, Executive Yuan, Judiciary Yuan, the Control Yuan and Examination Yuan.
Classical – separation of powers
[edit]Separation of powers is the distribution of state power to several government bodies for the purpose of power limitation and the assurance of freedom and equality. After a historical model while the three powers legislation (legislative), enforcement (executive) and case law (judicial) are distinguished. Has its origin, the principle of separation of powers in the state-theoretical writings of John Locke and Montesquieu (The Spirit of Laws, 1748), which were directed against the concentration of power and arbitrariness in absolutism."[1]
Examination institution
[edit]The Examination institution (Chinese 考试 院 / 考试 院, pinyin Kǎoshì yuan) is a further yuan besides the Legislative Yuan, Executive Yuan, Judiciary Yuan and Control Yuan of the Republic of China in Taiwan. It monitors and controls all exams (such as the entrance examination of universities and the state exam for various professions), and as well as the whole personnel administration, such as the achievements and qualifications of the functionaries. The Control institution can be compared with the European administration Office for Personnel Selection Office or the Office of Personnel Management of the United States of America. The yuan can be tracked back to the Chinese examination of the functionaries of the Empire of China. The first minister of this administrative office was Dai Jitao.
Seperation of control power
[edit]The control organ ( Control Yuan , Chinese监察院/监察院, Pinyin Jiancha yuan) is responsible for the control of the government ( ministries and administrative office) on their misconduct( such as corruption) and is identified as the monitoring authority of the government. It is part of one of the five powers or Yuan's Republic of China in Taiwan. The Control Yuan can be compared to the European General Accounting Office or the Government Accountability Office of the United States of America. Cheng Shui -bian , the former President sent by the end of 2004 for confirmation a list of the Control Yuan candidates to the Legislative Yuan to confirm. However, this petition was rejected by the oppositional pan-blue coalition and a new list of candidates has been requested. With this rejection, the examination power was incapable of working since February 2005, because no more members were present anymore. In July 2008 the Control Yuan was re-established with the election of President Ma Ying- jeou of the pan-blue coalition, as a new list of candidates has been confirmed by the Legislative Yuan
Power shift
[edit]Sun Yat -Sen was also the composer of the 'Three Principles of the nation ' (Chinese三民主义, Pinyin sān mín zhǔyì , W.-G. san min chu -i) (also called three people doctrine ) . The three principles emerged in realized studies with American philosopher, that he met during his stay in the United States of America. The three emerging principles were the principle of ethnicity (Chinese民族 主义, Pinyin Minzu zhǔyì ) , the principle of popular government (Chinese民权 主义, Pinyin minquan zhǔyì ) , and the principle of the people's welfare (Chinese民生 主义, Pinyin Minsheng zhǔyì ) . At this time the right to vote was tied to certain criteria. This was in contradiction to the current millstream. This was marked by the equality and freedom. . They wanted to ensure that all citizens had the right to vote , and only the circle of persons to be elected circuit is limited. This lead to the question, how to find appropriate candidates. If only wealthy delegates were allowed for election, those were not capable to achieve anything because of their ignorance. The new examination organ got in operation, and called functionaries candidates for examination.. They could only be admitted for election after taking ad passing an exam.
Literature
[edit]- Marie Claire-Berger (1994), Sun Yat-Sen (in German) (1 ed.), Paris, ISBN 978-0804740111
{{citation}}: CS1 maint: location missing publisher (link) - Unbekannt (1974), Sun Yat-Sen - Reden und Schriften (in German) (1 ed.), Leipzig: Reclam
- Kai Vogelsang (2012), Geschichte Chinas (in German) (1 ed.), Unbekannt: Reclam, ISBN 978-3150108574
- Jonathan D Spence (2001), Chinas Weg in die Moderne (in German) (1 ed.), Unbekannt: dtv, ISBN 978-3423307956