The idea of “Unity of Legislative and Executive” is based on the concept of Marxism–Leninism state theory and is the initial principle of the organization of Paris Commune. Its original meaning is the idea of “the Unity of the power of Legislative and Executive”, which means that Legislative is also served as Executive and is in charge of the making and execution of law. It’s often adopted by the “People’s Democracy” form of regimes in socialism nations and has, directly or indirectly, the influence on both of Russia’s Soviet System and China’s NPC System, However, whether NPC System should be classified as one type of “Unity of Legislative and Executive” is still in dispute.
Although Russia’s Soviet System succeed to “Unity of Legislative and Executive” of Paris Commune, its meaning is totally different from the initial practice of Paris Commune. For the Soviet System of the Chinese Soviet Republic, which established by CCP in 1931, is the imitation of Russia’s Soviet System, and NPC System is in succession to the Soviet of the Chinese Soviet Republic, we classified NPC System as one type of Soviet System of “Unity of Legislative and Executive.”
Doctor Sun, Yat-sen established the idea of “Separation of Rights and Powers” in his late years, which separates political power as “People’s Rights” and “Government’s Powers”. “People’s Rights” means people’s rights of state management, “Government’s Powers” means government’s powers of govern. People rule “Governmental Powers” by “People’s Rights”. The idea of “Separation of Rights and Powers” forms the National Assembly and “Separation of Five-powers” System, which presents the same power structure with Soviet System of the Unity of Legislative and Executive. Due to Sun’s admiration of success of communist revolution in Russia, he takes Russia’s system as the ideal model. Hence, The idea of “Separation of Rights and Powers” is probably born with Russia’s Soviet and Sun’s thought of Separation of Five-powers.
CCP firmly adopts NPC as its basic political system, and opposes the idea of “Separation of Three-powers” as well as entire absorbing western political system. It pursues a Chinese Democracy. The idea of “Separation of Rights and Powers”, which doesn’t totally absorb the idea of western political system of “Separation of Three-powers”, is the model of Chinese Democracy established by Doctor Sun, Yat- sen. The NPC System’s direction of development is to take the NPC as the highest authority, strengthen the supervision of NPC toward other departments, stress the division of function and profession in organizations, and prevents from power centralization. Doctor Sun, Yat-sen’s National Assembly System, which based on the idea of “Separation of Rights and Powers”, differs from the power structure of the idea of “Separation of Three-powers”, but is the same with Soviet System and NPC System, which characterized by “Unity of Legislative and Executive”. Moreover, the idea of “Separation of Rights and Powers” is more intensive to the degree of the division of function and profession than the idea of “Unity of Legislative and Executive”. If we adopt the idea of “Separation of Rights and Powers” as the principle of organizing NPC System, it wouldn’t only affect the structure of power of NPC System, but also would benefit the NPC System’s development instead.