269 The article by Tsui, cited, p. 177 and following, goes into a quite detailed comparison of the Chinese Nationalist and the Marxian Communist theories of the three stages of revolution. He draws attention to the fact that, while the Communists do not speak of "three stages" and prefer to emphasize the transitional stage of the dictatorship of the proletariat, the two theories are similar almost to the point of being identical. 270 Tsui, cited, p. 181. 271 Tyau, cited, p. 439 and following. It is also available in Hsü, _Sun Yat-sen_, cited above, p. 85 and following. The Tyau translation was preferred since it was written by an official of the Ministry of Foreign Affairs, and may be regarded as the work of a Government spokesman. It is interesting, by way of contrast, to quote a passage from the Constitution of the Chinese Soviet Republic, so-called: “The Chinese Soviet Government is building up a state of the democratic dictatorship [sic!] of the workers and peasants. All power shall be vested in the Soviets of Workers, Peasants, and Red Army men.” _Fundamental Laws of the Chinese Soviet Republic_, New York, 1934, p. 18. The absence of an acknowledged period of tutelage, in view of the unfamiliarity of the Chinese people with democratic forms, is significant. The constitutional jurisprudence of the Chinese Communists is, however, primarily a matter of academic interest, since the Soviets, where they have existed, have existed in a state of perpetual emergency, shielded by the Red Terror and other devices of revolutionary control. The contrast between a pronouncement of Sun Yat-sen and a constitution is a fair one, since the writings of Sun Yat-sen form the final authority in the Nationalist movement and government; in a dispute as to the higher validity of a governmental provision or a flat contrary statement of Sun Yat-sen, there can be little question as to which would—or, in the eyes of the Nationalists, should—prevail. 272 It is interesting to note that the institution which most Western writers would incline to regard as the very key-stone of democracy, parliament, has a quite inferior place in the Sun Yat-sen system. In the National Government of China, the Legislative Yuan is more like a department than like a chamber. This question, however, will be discussed under the heading of the Five Rights. 273 d’Elia translation, cited, p. 341. 274 d’Elia translation, cited, p. 342.