The China of Chiang K'ai-Shek: A Political StudyLinebarger, Paul Myron Anthony
History
The China of Chiang K'ai-Shek: A Political Study
Linebarger, Paul Myron Anthony
Chiang, Kai-shek, 1887-1975; China -- Politics and government -- 1912-1949
The Central Government is the topic of the fourth Chapter. The first
section of the Chapter describes the Presidency; the remaining five, the
five _Yüan_. This applies the five-fold separation of powers. Sun
Yat-sen held that a three-fold separation of powers, as known in the
West and applied to American government, was efficacious; he also
considered that the Imperial Chinese separation of powers (an implicit
one only) was also desirable. The West had executive, legislative,
judicial; old China combined these three into the governing power, and
joined thereto the examinative power and the _chien-ch'a_[8] power. (The
_chien-ch'a_ power involved the functions of the traditional Chinese
censorate; overt and active expressions are found in auditing and in the
lodgment of impeachment charges. The term is fundamentally
untranslatable, but if the tribunician connotations of _Censor_ or the
emergency meaning of _Control_ be recalled, either of these terms will
serve.) Sun Yat-sen combined the Western and the old-Chinese
separations, developing a theory of the five powers. The Draft
Constitution, like its two working predecessors, is a five-power
constitution, with five great _Yüan_ (Boards, Presidencies, or Courts),
each headed by a _Yüan-chang_ (_Yüan_ President). The fourth Chapter, by
including the President and all five _Yüan_, almost covers the full
reach of Chinese government.
[Footnote 8: For a more extended discussion of this point, see the
author's _The Political Doctrines of Sun Yat-sen: An Exposition of the
San Min Chu I_, Baltimore, 1937, p. 218 _ff._, and also p. 96 _ff._]
Public-domain text, read in full here on John Shaqi.
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