略论五权宪法和《临时约法》对当代法治建设的裨益

On the Five-Power Constitution and the "Provisional Constitution" Benefit of the Rule of Law in the Contemporary

孙中山的"五权宪法"和《中华民国临时约法》是民国时期宪政思想的集中体现和典型代表。对其时代背景和基本内涵进行研究,如权利的平衡与制约、人民主权、基本人权、法治原则等,对我国当代法治建设有帮助,如法治建设应当反映民意,要与经济社会发展相适应;应当减少国家权力向法律的渗进,通过人民权利的重塑来完善立法权的行使;应当完善国家政权机关中的考试选拔人才制度,为合法合理行使行政权力提供保障等。

During the period of the republic of China, constitutional thinking was a product of mod- ern Chinese national bourgeoisie pursuit of freedom and democracy Sun yat-sen＇s ＂ constitution of five powers ＂ and ＂the provisional constitution of the republic of China＂ is the concentrated reflection and the typical representative of modern constitutional thoughts. To study their background and basic connotation, we can summarize the thoughts which are beneficial to the contemporary construction of legal sys- tem. Conclude from this： firstly, the modern legal system construction should reflect public opinion and be compatible with the economic and social development. Secondly, it should reduce the penetration of national power to the law and improve the exercise of the legislative power through the reshaping of the people＇s rights. Thirdly, it ought to perfect the examination talent selection system in state power organs and provide security of legal and rational exercise of administrative power.