Discuss The Theory And Mechanism Of Power Restraint

Power is the appropriate capacity, through which man could ensure and changeinterpersonal relationship or deal with other’s property or person. Power restrictionmeans the checks and balances and restriction. Effective restriction and mechanismconstruction of power has become one of the most popular problems in legal science andjustice practice field both in and abroad. And feasibility study of power restrictionmechanism is the priority among priorities. The paper analyses the possibilities andnecessities in the context of judicial reform and political structure reform in China.Meanwhile, according to China’s constitutional system and structural system of statepower, the paper proposes concrete measures for China’s power restriction mechanism sothat it will provide theory support for judicial system reform and construction of thecountry under the rule of law.Power restriction includes many subjects. In order to ascertain the theory andmechanism of power restriction, the author uses methods of comparative analysis andhistorical analysis from the aspects of philosophy of right, legal political science andlegal sociology.Besides introduction and conclusion, there are four parts of this paper:The first part introduces related concepts of the power and the theory of powerrestriction. Government by law theory of Aristotle, separation of powers of Locke andfree and separation of powers of Montesquieu stand for the western power restrictiontheory. Due to the difference between starting point of practice and foundation, there is avivid contrast between the Marxism-Leninism and western opinions on the powerrestriction theory.The second part demonstrates the possibilities of power restriction from the pointsof limitation of power itself, relativity of power performance and controllability of usingpower. On the other hand, it argues the necessities of power restriction from the level ofvalue of ethic effect, utility effect and normative effect as well as the level of property ofthe power.The third part analyses the remarkable contributions of our nation’s powerrestriction mechanism and the presenting severe challenges on the perspective of certainsocial systems and objective conditions. And it also evaluates seven kinds of powerrestriction mechanisms (power restriction mode, law restriction mode, responsibilityrestriction mode, etc.) at present by the method of philosophy of right.The fourth part proposes measures of improving our nation’s power restriction mechanism. First, proper management of democratized social power, executive power,power structure of central and local authorities and relationship of being in power andparticipating in politics is the basis to strengthen power restriction. Second, optimizationof people’s restriction on power, power structure of representatives and control power ofspecial authorities are the key point of enhancing power restriction. Last, the restrictionof primary leaders, important issues and crucial links is the chief point of reinforcingpower restriction.