浙江社会科学

源于西方的三权分立政体时而被贬为资本主义,时而被推崇备至。重新正确认识三权分立问题具有时代意义。三权分立政体并非资产阶级革命后大多数国家的必然选择,相反它只是美国在特定的国情下的选择,它出现在西方国家也是极其偶然的,大多数西方国家选择的是议会制。从清王朝到国民党的统治,虽然有过多次三权分立政体的尝试或推行,但从来就没有真正实现过权力的分立和制衡。在强大的封建势力为主体的国体下,三权分立政体所要求的权力分立是无法实现的。共产党人否定了三权分立政体,自主选择了人大制度。三权分立政体不适合中国,但是三权分立政体体现出来的分权与制衡思想,是人类共同的精神财富,中国也可以借鉴。

The separation-of-powers regime which stems from Western countries has been not only censured to be something of capitalism from time to time, but also praised highly by terms. To regain the correct understanding of the separation of powers issue has the significant meaning in modern times. The system of separation of powers was chosen by most countries after the Bourgeois Revolution not because they had to but happened to choose it. On the contrary, it was the only choice for the Americans because of the particular national condition at the time. Most western countries chose parliament aria, and the appearance of the separation of powers regime in the West is quite by accident. In China, although governments from Qing Dynasty to Kuomintang’s rule had been attempting to carry out the separation of powers regime, they have never achieved the goal of the separation and balance of powers. This would never be able to realize under the state system affected by powerful feudal influence. So the Communists in China denied the regime, and chose the National People’s Congress system independently. Although the separation of powers regime does not suit China, the thought of the decentralization and balancing of the powers it manifests is the common spiritual wealth of human beings, and China should also learn from that.