| 摘要(外文): | The Constitution of Republic of China is generally thought to be based on those doctrines of Dr. Sun Yat-sen's "Three Principles of the People" and "Five-power Constitution". However, after the Political Consultative Conference which was called in January 1946, Dr. Sun's design of the government system was changed. There are still five branches for the government remained in the Constitution, but it was no more what Dr. Sun's ideal type of the government, the Five-power Constitution. Furthermore, because of the rebellion of the communist, the Temporary Provisions Effective During the Period of Communist Rebellion were promulgated in 1948. Eleven articles were appended to the Constitution to cope with national danger or crisis, but it also blocked the implementation of the Constitution.
In Taiwan, the Constitution has been amended seven times since 1991, Dr. Sun's Five-power Constitution governmental system is no more existed, but it seems that it still is not suitable for Taiwan. Until now, the new claiming of re-amending or even re-establishing the Constitution is still argumentative in public. Therefore, this study will try to clarify Dr. Sun's Five-power Constitution firstly, then to describe the roles and the functions of Five-power Constitution during those different periods of leadership. Finally, we will try to present a brand-new Five-Power Constitution governmental system which is still based on Dr. Sun's doctrines, such as Differentiation of Chuan (political power) and Nen (administrative power) and Five-Power Constitution, etc. We sincerely hope that a free and steady democracy will come soon in the future of Taiwan.
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