On The Control Of State Power

In order to function the power as well as possible, this article set "the state power control" as the main line, and focus on the discussion of the concept, characteristics and origin of power, as well as the relationship between power and power. In this foundation, using the method of historical and comparative analysis, this article carry an actual inspection on typical world authority control system from the aspect of time and space, especially through the jurisprudence analysis of authority control and demonstrational research. The author also proposes his own views on how to establish the Chinese characteristic authority control system. The full text includes five parts: foreword, power and the power relationship , the law analysis of power control, comparison of the patterns of power control and the considerations on the establishment of Chinese characteristic power control system.In the foreword, the author mainly explained motive and the importance of this topic. And based on the brief review of power research, this part expounded the angle and mode of this article. Namely, this article tries to get out of the pure logical research way, diligently unified the theory and the practice in real thinking, and focus on the Chinese realistic question solution.In the part of power and the power relationship, this article mainly analyzed the general concept of power, and some basic relational categories of the state power. The author thinks that power is the one that can control the other people's will and behavior. It is not only latent, but also realistic. The relationship between the main body and the object is unequal. The main bodies that exert the power are much stronger than the object. This kind of unequal is easy to lead the Strong to abuse the authority, and bully the weak. This needs to carry on an effective control to the authority. The author believes that in any country, it is an objective phenomenon that the authority will inevitably tends to the expansion. Therefore, to limit and control the power effectively, and keep it working in normal is the basic political rule that can keep the power survival. From the aspect of history, the origin of authority are mainly through the following three ways, the traditional ways that pass from one generationto another , gain through violent ways and the establishment of contract. Considering from the significance of modern law, the authority originates from the right, and serves for the right. The goal of the constitutional government and the establishment of law society is to limit the state power, and safeguard the citizens' rights. At the same time, the author also elaborates the relationship between the abstract right and concrete right, and deems that abstract right and concrete authority is one pair of important relational category. The abstract authority manifests the rationality and justice of the authority, such as "Divine Power of Kings", "People's Sovereignty". But the concrete authority manifests the constitutionality and normalization of authority. In a logic way, the abstract authority and have intrinsic uniformity. The concrete authority bases on the abstract authority. Any kind of abstract authority must have proper type of concrete authority that matches it. but in practice, the concrete authority may not only embody the abstract authority, but also deviates or violates the abstract authority. In order to prevent the concrete authority from deviation or violation the abstract authority, it must set up the proper measures. It also indicate the necessity to establish an examination system about violation of the constitution.In the part of "the jurisprudence analysis of power control", the author mainly elaborated the inevitability and the necessity of power control, as well as the main types of the control. The author consider that the authority has the characteristics such as implemental, corrosive, compelling, destructive expansive and so on. It is easy to go off course, violate the object. Therefore, in order to guarantee the safe operation of authority, and safeguard the citizens' rights, it is necessary to standardize and adjust it through the legal way. From the aspect of political practice at all times and in all over the world, the corruption has close relations with the human nature. In this part, the author elucidates the general relationship between human nature and the authority.And points out that human nature are two sides-----good and evil, "the person " hasthe very strong desire for power. Once the evil side of human nature combined with the negative side of power, it will inevitably lead to the infringement upon the right and the destruction of social order. So we must strengthen the control of authority. This control actualizes mainly through two ways-—authority restriction mechanismand authority surveillance mechanism. The author deems that the restriction and the surveillance have the common ground. Both of them display the negative influence on power. But they are also different and have their own value and function. The idea to control the authority effectively, only through the surveillance mechanism but the non- restriction mechanism, is radically impossible. The surveillance solves the problem of impermissibility that abuses the authority. But restriction solves the problem that cannot abuse the authority. The only way to control the authority effectively is to combine the two ways.In the part of "comparison of the patterns of power control", from the time and the spatial dimension, from the primitive to modern society, the author carries on the inspection and the comparison on England, USA, France, Germany and so on, all of which has the typical pattern of the state power control. The author believes that since the difference in economic base and historical culture, different country in different times may display respective characteristics. But they also have the common spiritand the principle------democracy, law and the restriction principle of power separation.In this part, the author also inspected the organizational structure and characteristics of state power in our country. Further more, the author analyzes the superiority and deficiencyof "The Combination of Legislative and Exective Power" and "The Democratic Centralism "of our own authority structure.In the part of "the considerations on the establishment of Chinese characteristic power control system", the author analyzed the main questions of the former idea on authority control that affects the effective control of authority in our country: first, we saw only one side of the function of state power that stressed on the function of state violence excessively and attenuated its function of social coordination and social service. This strengthens the concept that the state power was just a tool and attenuates the protection of citizen rights. Second, we lack the understanding and the practice to the authority restriction mechanism. This directly leads to the lack of practical restriction mechanism and the occurrence of overflows and infringement of power and corruption. In this foundation, the author focuses on the demonstration of how to effectively establish the state power control system in China that can controlthe power by legal system. Namely, establish a scientific and sound authority system; strictly implement the authority and keep it works in progression; strengthen the movement restriction of authority and the surveillance mechanism; advance the construction of democratic politics, ensure the state power of our country is under the effective control, all of which are aim to prevent corruption and safeguard the citizen rights. The author also deems that, the society that want to establish a legal system and keep the authority under an effective control ,needs to set up a civic conception in the entire society and enhance the citizen's legal cognition The first and foremost thing is that our state personnel should take the lead to obey the law and in accord with laws when handle affairs.