What is the ideological origin of the separation of powers movement?

It can be traced back to Montesquieu's theory of separation of powers, that the royal power, the executive power, and the judicial power are independent of each other and do not interfere with each other.

The separation of powers refers to the three powers of the legislative, judicial, and executive powers.

The legislative power refers to the parliament, similar to the people's congress in China, the judicial power refers to the courts, similar to the courts in China, and the executive power refers to the administrative affairs, such as the prime ministers of the United States, France, and the United Kingdom.

The separation of powers is a democratic political idea widely adopted by capitalist democracies in the world. The system of separation of powers refers to the system in which the legislative, executive, and judicial powers of the state are independently exercised by the parliament, the court, and the courts, respectively, and check and balance each other. The legislative, judicial, and executive powers belong to different departments, and they check each other.

The system of separation of powers refers to the different manifestations in Western countries, the separation of powers, which is a political theory in the West on the structure of state power and the allocation of power resources, which advocates that the legislative, executive and judicial three kinds of state power are held by different organs, which not only maintain their respective powers, but also check each other to maintain balance. The separation of powers is a Western political theory on the structure of state power and the allocation of power resources, which advocates that the legislative, executive, and judicial powers of the state should be held by different organs, and each should exercise them independently, with mutual checks and balances. ** has the power to veto legislation, and can also exercise legislative power through the delegated legislative part; The Supreme Court can participate in the formulation of policies by administrative agencies through the power to interpret the Constitution and the power to review unconstitutionality; The National Assembly, on the other hand, is able to use its appropriation power to participate in a wide range of executive decisions.

At the same time, the separation of powers cannot completely and effectively restrain power, let alone the only way to restrain power.

In accordance with the relevant provisions of China's laws, China implements the people's congress system. This system is the fundamental political system of our country, and there is no political soil for the separation of powers in the West.

Legal basis. Constitution of the People's Republic of China

Article 2 All power in the People's Republic of China belongs to the people.

The organs through which the people exercise state power are the National People's Congress and local people's congresses at all levels.

In accordance with the provisions of the law, the people manage state affairs, economic and cultural undertakings, and social affairs through various channels and forms.

The separation of powers was proposed by Locke.

In order to restrain the feudal royal power, the British scholar Locke divided the state power into legislative power, executive power and external power. French scholar Montesquieu.

On this basis, the theory of "separation of powers" is proposed, and it is proposed that the above three powers should be handed over to three different state organs through legal provisions, so as to maintain their respective powers and maintain mutual restraints and balance.

Manifestations:

Separation of powers.

There are different forms of expression in Western countries, and the more representative ones are the first system in the United States, the cabinet system in the United Kingdom, and the two-head system in France. In the United States, executive power refers to **, and legislative power refers to the upper and lower houses of Congress.

The system, the judicial power refers to the courts, and the three check and balance each other. Roosevelt's New Deal.

During the period, the administrative power was comprehensively expanded, and a new pattern of separation of powers centered on the first was established.

The UK does not have a written constitution, the legislative power is higher than the executive and judicial powers, and the Supreme Court was not established until 2010.

At the time of the establishment of the Fifth Republic, France created and implemented a semi-parliamentary democracy. As a result, only the United States has a more thorough separation of powers, while the vast majority of other Western countries mainly practice a parliamentary system.

There is no complete separation of legislative and executive powers.

The separation of powers in modern politics first began with the idea of separation of powers put forward by the British philosopher John Locke in "On the Politics and Travels", and later the French Enlightenment thinker Montesquieu systematically put forward the connotation of the separation of powers in "On the Spiritual Origin of Law", that is, the division of national political power into executive, legislative and judicial powers.

Take the separation of powers in the United States, for example, it is divided into legislative, judicial, and executive.

The three are not subordinate to each other, they are separated from each other, but they contain each other.

The three cannot interfere with each other. Legislation can only set the law, and the judiciary exercises the power of judicial office, such as the functions of the court and the procuratorate. And the administration is equivalent to the administrative functions of each administrative level.

Although the three powers are separated, in terms of the size of their powers, the legislative function is the most powerful, which can be compared to a big cake divided into three pieces, of which the legislative piece is the largest cake.