Research On The Restraint Mechanism For Public Power

This paper, first of all, theoretically analyzes the possibility of power abuse, pointing out that the necessity of building a restraint mechanism for public power is a result of the inherent susceptibility of power to corruption, and that greater supervision and restraint of public power is a requirement of political democratization, a requirement of the market economic development rule and economic globalization, and an intrinsic requirement of the communist party of China as a ruling party. The existing five major problems with the operations of public power in China are a result of the failure to build an efficient restraint mechanism for public power; as such, this paper probes the necessity of building a restraint mechanism for public power. Secondly, this paper, after reviewing the development of the theory and practice of the power restraint mechanism of public power in China and Western countries, points out that it's definitely possible and absolutely necessary for China to build a public power restraint system which not only differs from the"separation of the executive, legislative and judicial powers"and but also reflects the power restraint principle of the socialist public power; this paper then proceeds to elaborate that the moral restraint mechanism of public power coexists with the power restraint mechanism and is a supplement to the power restraint mechanism, and uses history and reality as well as theory and actuality to demonstrate the importance of the moral restraint mechanism for power, pointing out that a moral restraint mechanism for power should be established in public administration; on the basis of a correct understanding of the principle of the restraint of civil rights on public power, this paper points out that the restraint mechanism of civil rights for public power is a restraint mechanism unique to democratic societies, and that it's the largest advantage of socialist democratic politics and has been consistently reflected in China's legal practice in recent years; this paper also argues that the restraint of the law on public power is a requirement of its own nature in terms of the attributes, such as relativity, dominance and authority, possessed by public power, and further points out that the law realizes the restraint on public power by defining the scope and boundary for the exercise of power, by establishing...