孙中山五权宪法思想的演进

辛亥革命以前,孙中山本人虽然基本形成了五权宪法的思想,但是较之于三民主义而言,他的五权宪法思想其实并未得到推广和宣传,当然也没有成为革命的思想基础。辛亥革命期间,南方独立各省制订的约法以及南京临时政府期间制订的《中华民国临时约法》,既非孙中山的本意,当然也不可能体现他的宪法思想,而是与其"五权宪法"相背离的。孙中山在维护"临时约法"、并以之作为反对北洋军阀统治的武器的同时,也对于这个武器进行了批判;在上述"扬弃"的过程中,其五权宪法思想得到了继续发展。孙中山晚年,通过多次演讲,五权宪法思想近乎成熟;1922年6月,叶夏声奉命起草的《五权宪法草案》,可以说是反映孙中山五权宪法思想的一个弥足珍贵的法律文本。孙中山将其毕生奋斗的五权宪法思想及其实现任务,作为政治遗产,留给了后世。与三民主义一样,五权宪法思想的演进轨迹,也体现了非常鲜明的孙中山个人的特点。

The Evolution of Sun Yat-sen's Thoughts on Five-Power Constitution

Before the Revolution of 1911,Sun Yat-sen had developed the basic thoughts on Five-Power Constitution.However,compared with Three Principles of the People,his thoughts on Five-Power Constitution was not popularized,and didn't become the thought basis for revolution.During the Revolution,the Constitutions formulated by the Southern Independent Provinces and the Nanjing Interim Government,which were not the original idea of Sun Yat-sen and the reflection of his thoughts on Constitution,were deviation of his thoughts on Five-Power Constitution.When he made use of the Interim Constitution to fight against the Northern Warlords Government,Sun Yat-sen also criticized the Interim Constitution.In such a process of both use and criticism,his thoughts on Five-Power Constitution developed a lot.In Sun Yat-sen's later years,he made lots of speeches,during which his thoughts on Five-Power Constitution became mature.The Draft of Five-Power Constitution drew up by Ye Xia-sheng in June 1922 was a valuable law text which could reflect Sun Yat-sen's thoughts on Five-Power Constitution.Sun Yat-sen left his thoughts on Five-Power Constitution to later generations as one of his political legacies.Like Three Principles of the People,the evolution process of Sun Yat-sen's thoughts on Five-Power Constitution reflected his unique individual personality.