| The theory of “the regime of rule of law” regards the rule of law as an issue of regime. That means governing a government by law can be required and realized only by constitutional regime. Establishing a democratic and constitutional regime of rule of law is the purpose of the Revolution of 1911, which was almost established through laws in the early days of the Republic of China, such as the Provisional Constitution. However, this regime was in multiple troubles. For instance, law such as the Provisional Constitution which was regarded as the core of democratic constitution was abandoned, and the violation of law happened frequently in the field of public power. Besides, the regime was facing challenges to confront the above-mentioned troubles. Sun Yat-sen and other people, focusing on the Provisional Constitution, the constituent power and its procedure, conducted valuable exploration of and reflection on this regime and its troubles.The concept of “rule of law as a tool” can be studied in a comparative way from the perspective of the theory and practice of “the regime of rule of law” in the early days of the Republic of China, which helps to distinguish the theory of “the regime of rule of law” from the concept of “rule of law as a tool”. According to the concept of rule of law as a tool, rule of law is regarded as a tool for the governor especially the sovereign to govern the masses, or a fundamental tool for government administration and social control. While according to the theory of “the regime of rule of law”, rule of law is not primarily to govern the masses by law, but to govern the public power. To establish the concept of “the regime of rule of law” is the premise to promote the establishment of such regime. |
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