‘Chinese characteristics’ has become a term commonly used to explain why China is different from the rest of the world. However, it has raised the question of whether China really is so different. In the field of constitutionalism, Sun Yat-Sen was the first Chinese politician who embraced Chinese characteristics and constructed the world’s first theory of democracy with ‘Chinese characteristics’ in the early twentieth century. His theory thus enlightens us on the question of whether China really is so different.
Sun Yat-Sen’s theory of democracy consists of three notable ‘Chinese characteristics’ – the pentapartite separation of powers system, direct democracy with an institutional arrangement of representation, and the constitutional single party system. However, all of these ‘Chinese characteristics’ are rooted in Sun Yat-Sen’s misunderstanding of ‘Western’ democracy. It is even more troubling that the incompetent amendments made by Sun Yat-Sen, who was a physician, not only failed to democratise China, but also produced a permanent dictatorship in China. In addition, his allegation that China is different from the rest of the world is not substantiated by logic – any amendment which is based upon a misunderstanding of the original concept is logically false, regardless of who is the originator of the amendment.
Table of Contents
1. INTRODUCTION
2. WHY SUN YAT-SEN MATTERS
3. LITERATURE REVIEW
4. METHODOLOGY
5. PENTAPARTITE SYSTEM IN PRACTICE
5.1 China’s Most Eminent Bookworm Jurist?
5.2 Establishing a Pentapartite Constitution?
5.3 A Tricameral Legislative System?
5.4 Could the Control Yuan Cease to Exist?
5.5 Could the Examination Yuan Be Independent?
5.6 Conclusion
6. PREJUDICE AGAINST REPRESENTATIVE DEMOCRACY
6.1 Separation of Political Powers and Governing Powers
6.2 The National Assembly as an Institution of Direct Democracy
6.3 The Powers of Initiative and Referendum in Practice
6.4 Sun Yat-Sen and Democratic Centralism
6.5 Conclusion
7. SINGLE PARTY SYSTEM IN CHINA
7.1 Political Messiah of China
7.2 Political Tutelage and the Constitutional Single Party System
7.3 Political Messianism: The Nationalist Government, 1925-1949
7.4 Blood Rewardism: The Communist Government since 1949
7.5 Mein Kampf: The Nationalist Government in Taiwan, 1949-1990
7.6 Conclusion
8. CONCLUSION
Research Objectives and Themes
This thesis investigates the origins and constitutional consequences of Sun Yat-Sen's political theories, specifically analyzing how his "pentapartite" system and concept of "political tutelage" established a foundation for authoritarian single-party rule in both Nationalist and Communist China. The research questions whether these "Chinese characteristics" genuinely offer a viable democratic alternative or if they represent a fundamental misunderstanding of Western democratic principles that led to permanent dictatorship.
- Critical analysis of Sun Yat-Sen's "pentapartite" government structure.
- Examination of the "political tutelage" theory as a precursor to single-party states.
- Evaluation of the structural failures of the Control Yuan and Examination Yuan.
- Comparison of Nationalist and Communist implementations of authoritarian systems.
- Assessment of the incompatibility between "Chinese characteristics" and universal democratic standards.
Excerpt from the Book
China’s Most Eminent Bookworm Jurist?
Wang Chung-Hui was one of the most eminent jurists in 20th century China. He was awarded the degree of Doctor Civilis Legis from Yale and became the first Chinese Judge on the Permanent Court of International Justice between 1923 and 1925. Moreover, he was one of the most important jurists who drafted the Constitution of 1947 and was the first Head of the Judicial Yuan (1948-1958) after the implementation of the said Constitution. However, Wang Chung-Hui had a profound story which he shared Sun Yat-Sen in person at least three times. According to Sun Yat-Sen:
In 1904, I talked about [my] pentapartite system with Wang Chung-Hui in New York and he totally agreed. After he studied at Yale Law School, he began to doubt the feasibility of the pentapartite system, [alleging that] it is probably not a good idea because no precedent can be found in other jurisdictions. What a bookworm – he no longer accepted [any theory that had originated in] the Chinese classical political system. It is obvious that he has been brainwashed somehow, so that he agreed initially and disagreed after receiving a legal education.
The foregoing story may be interpreted differently. As far as this thesis is concerned, Wang Chung-Hui simply tried to remind Sun Yat-Sen that the pentapartite system was totally unprecedented, and it was dangerous to apply an unexamined political system in China. It is reasonable to assume that Wang Chung-Hui’s concern and worry stemmed from his educational background at Yale Law School. However, Sun Yat-Sen’s response also tells us something. If Sun Yat-Sen had truly been a qualified political scientist, even in the absence of any formal education in that field, would he have supported an unexamined political system? This is probably the precise difference between political science and political belief, and it may be the real reason why Sun Yat-Sen was disappointed with Wang Chung-Hui.
Summary of Chapters
INTRODUCTION: Defines the ambiguous nature of "Chinese characteristics" and sets the stage for analyzing Sun Yat-Sen's role as the originator of this political discourse.
WHY SUN YAT-SEN MATTERS: Highlights Sun's influential role as a founding father whose specific constitutional theories became the bedrock for successive regimes.
LITERATURE REVIEW: Critiques the scholarly landscape and the lack of scientific rigor in the development of Chinese constitutionalism.
METHODOLOGY: Explains the use of legal doctrinal analysis and political archival studies to challenge the validity of "Chinese characteristics."
PENTAPARTITE SYSTEM IN PRACTICE: Examines the practical failure of the five-power government structure using Taiwanese historical and empirical evidence.
PREJUDICE AGAINST REPRESENTATIVE DEMOCRACY: Investigates Sun's distrust of parliamentary systems and the subsequent creation of an illogical direct democracy framework.
SINGLE PARTY SYSTEM IN CHINA: Discusses the transition from political tutelage to the institutionalization of single-party states in both the Nationalist and Communist periods.
CONCLUSION: Reflects on the findings, suggesting that the pursuit of these unique political models has consistently led to authoritarian outcomes rather than democratic advancement.
Keywords
Sun Yat-Sen, Constitutionalism, Chinese Characteristics, Pentapartite System, Political Tutelage, Single Party System, Democracy, Authoritarianism, National Assembly, Legislative Yuan, Control Yuan, Examination Yuan, Political Messianism, Representative Democracy, Rule of Law.
Frequently Asked Questions
What is the primary focus of this academic work?
This thesis fundamentally examines the constitutional theories of Sun Yat-Sen, investigating how his proposed political models, labeled as having "Chinese characteristics," have shaped the trajectory of Chinese governance toward authoritarianism.
Which specific themes are addressed in the research?
Key themes include the structural flaws of the five-branch government system, the misuse of "political tutelage," the historical implementation of single-party systems, and the ideological conflict between Western democratic standards and Chinese political models.
What is the core research question or objective?
The main objective is to determine if Sun Yat-Sen’s "pentapartite" constitutional theory and "political tutelage" were legitimate attempts at democratization or inherently flawed designs that inadvertently fostered dictatorial rule.
What research methods does the author employ?
The author uses legal doctrinal analysis to test the feasibility of Sun's proposals and political archival studies to assess the historical context and contradictions within these constitutional frameworks.
What is the central argument regarding the "pentapartite" system?
The argument is that the system is structurally complex, creating unnecessary checks and balances that confuse the separation of powers and essentially provide a "political show hand" where the ruling entity faces no effective accountability.
How does the author characterize "Chinese characteristics"?
The author argues that "Chinese characteristics" are often used as a rhetorical tool for political purposes rather than a substantive constitutional theory, serving to justify deviations from established democratic norms.
How does the author link Sun Yat-Sen to totalitarianism?
Through the application of Jacob L. Talmon’s "political messianism," the author posits that Sun Yat-Sen believed he had a singular, divine mission to save China, which discouraged dissent and led to the creation of a rigid, unquestionable ideological orthodoxy.
What is the significance of the "Control Yuan" in this analysis?
The author uses the Control Yuan as a case study for structural failure, noting its lack of law-making power and the operational dilemmas it faced, which demonstrate the impracticality of Sun's constitutional division of government.
How is the relationship between the Nationalist and Communist systems described?
While acknowledging different ideological roots, the author argues that both regimes adopted Sun Yat-Sen’s constitutional single-party mechanisms, albeit the Nationalists claimed it was for "tutelage" and the Communists sought a "blood reward."
What is the ultimate conclusion regarding Sun Yat-Sen's legacy?
The conclusion is that Sun Yat-Sen's legacy, while highly honored, provided a negative example in the field of constitutionalism by leaving behind an authoritarian party structure without mechanisms to prevent the abuse of power.
- Arbeit zitieren
- David KC Huang (Autor:in), 2009, Sun Yat-Sen and Three Notable Chinese Characteristics within the Chinese Constitutions, München, GRIN Verlag, https://www.grin.com/document/492601
