同盟会“三权分立”理念架构与现实运作研究

A Research of the Deviation between Conception Frames Of the “Separation of the Three Powers” And the Actual Operation in Chinese Revolutionary League

同盟会成立后,孙中山将西方的三权分立体制移植于中国,在同盟会内部设立执行部、评议部、司法部,分掌行政、立法、司法职能,这也被看作是中国政治体制近代化的一个里程碑。然而在实际运作过程中,三权分立文本理念与现实脱离,理念架构与实际运作出现悖逆现象。理念文本与现实之间存在极大的差距,这又是一个无法回避的问题。同盟会三权分立体制理念与现实之所以出现如此大的脱节,就在于过多地迁就现实而放弃了对理念的追求。

After the establishment of Chinese Revolutionary League,Sun Yat - sen transplanted the Separation of the Three Powers in the western political system into China. He set up Implementation Department to deal with administration, Appraisal Department to deal with legislation, and Justice Department to deal with judiciary. And this has been regarded as a milestone in China＇s political system modernization. However in the actual operation process,the textual conception of the Separation of The Three Powers deviated from the reality seriously. At the same time,its conception frame repelled the actual operation. As a result,a big gap came into being. One important reason was that they excessively accommodated the reality and gave up the pursuit to textual conception.