| As the control of social order, public power has always been regarded as the leader of public life. The abuse of public power in our country happened frequently, such as forced evictions lead the demolition to be death, city managements use violence ways cause persons dead, the public authority carry out all the good citizens use the name of various reasons. Reporter has been taken to the list as wanted because of he report the phenomenon of public power abusing, the public power service office advertise for public works is illegal, and so on. The phenomenon of public power abusing has created a bad effect in our country, which weaken the credibility of the government greatly in the hearts of the masses. The abuse of public power will infringe private rights, is on the contrary to the socialist rule of law, is not conducive to social steady and become a barrier to take our country to harmonious society. The restriction of public power can’t be waited.In this article, the theoretical base is the socialist rule in law, beginning with the meaning, feature and type of the public power, discuses the relationship between public power and private rights, explain the history of public power in our country, analyze the present situation and the problems which is existed in the restriction of public power, bring in the experience of France, Germany and the US, explore the improvement of the restriction of public power, to curb the phenomenon of the public power abusing, protect the citizens’ rights and make the using of public power adapt to the socialist concept of law in China. |