On Procedures Of Controlling Power

The duality of authority is significant since it generated, it can bring benefits to nation, society and people, while misery and ruin may accompany, so it is a real two-edged sword. Expansion, corrodibility and destructiveness is the nature of authority. It's just these inherent defects that provide evidence to restrict power. There are two forms to limit power, one is entity controlling, and the other is called procedure controlling. Entity controlling restrict power through rational separation of power or constitutional dispensation, while procedure controlling is the trend of modern country ruled by law as it transferred observation from constraints of authority and responsibility to procedure.Due process of law is the essence of procedure controlling; it originated in the United Kingdom while it's America that made it developed and known all around the world. Due process of law falls into two categories, procedural due processes and substantial ones. Procedural due processes investigated the procedures that the government complies with when it made the decision of depriveing the lives and property of individual. Substantial ones relates to the rationality of government policy and decrees.Traditionally, our country is typically ruled by virtue. Entity realism occupied a dominant position in justice over the years. This is closely related to the traditional values and legal culture formed in feudal society over thousands of years. The carry out of Law Development Pattern pushed by government has achieved great success while it also brings some disadvantages. The direct result is the imbalance between the force of state and civil rights as the former is too strong. The worship of an authority is horrible and the protection of civil rights is insufficient not only from scope but also from strength. So, it's necessary and important to build procedural controlling model with Chinese characteristics in order to perform its function.Procedural controlling was filled with a strong flavor of western legal system and spirit. The ultimate care of human dignity, authority and value embodied in it is the major achievement of human legal civilization. The achievements and experiences on procedural controlling from western countries are of great significance for construction the socialism country under-the-ruling-of-law in China.The route of procedural controlling in China can be explored from the following respects: Firstly, establishing the idea of procedural controlling is a premise of its implement. Then, introducing the due process of law into the constitution is the fundamental of establishing procedure controlling,while reforming and improving the existing procedural legal system and rules is the guarantee. In the end, the core to implement procedural controlling is the reinforcement of the protection of individual rights...