Administrative power of the idea of restricting choice

Abstract: To effectively restrict administrative power, must be the establishment of mutual cooperation, mutual support, coordination and effective way constraints. The main constraints include power, moral constraints, restricting the right to prevent the malignant expansion of power and alienation.

Keywords: power; and moral; rights

First, strengthen the need for constraints on executive power

French bourgeois thinker Montesquieu pointed out: "All people have the power to easily abuse of power, which is eternal and unchangeable rule of thumb. Have the right to use the power of the people has to stop before the event where the boundaries." �� Press Freedom Marxist point of view, the so-called personal freedom means "a state of people in this state, to force others in society is reduced to a minimum as much as possible". �� in the areas of executive power as wide degree of discretion, and its administrative decision-making close contact with the interests of the people. In the transition, calls for the exercise of executive power to implement positive and effective supervision and control, legal rights for citizens to provide favorable conditions and social environment, to protect Civil liberties and equality. by administrative constraints power, prevent and correct operation of the executive power in the process of alienation occurs, standardize and restrain administrative power, to ensure the smooth administrative operation of power really popular, together public opinion.


Second, the main reasons leading to power unchecked

At present, China is in the traditional, agricultural, closed society to a modern, industrial, and open social transition. In some areas of government Administration in some areas, there are some beyond the administrative power and the abuse of executive power phenomenon, to a certain extent affect the government's credibility and authority. executive power without effective constraints, mainly in the following three aspects:
First, the characteristics of the power point of view, due to the expansion of executive power inherent in nature, invasive and destructive, are likely to cause the executive power from the normal track, outside the scope of the authority to seek their own interests. With the continuous implementation of the socialist market economy , the normal operation of the market economy need to strengthen the government's macro-control, but also induced the continuous expansion of executive power long and alienation.

Second, from the human point of view. People both good side and bad side. Machiavelli said: "Human beings are ungrateful, a changeling, a pretender, counterfeit, to escape danger, chase the interests of the . "When people in power, in the hands of the unchecked power, in order to seek to maximize their own interests, will inevitably abuse of power.

Third, from a historical perspective, our long-term lack of democracy, rule of Law, "official standard", "power based" extreme ideas. The one hand, this is not conducive atmosphere to create the administrative duties according to Law is not conducive to the legitimate administrative power in their the scope and procedures to run. On the other hand the community has been "big government" under the guidance of development, the people running the executive powers are according to the Law, holding cold political psychology.


Third, constraints on executive power were an effective way to

Power system to the right. Ancient Greece, a political scientist Aristotle believed that the political system is a member of various social power, status and management of the distribution of social responsibility in public affairs, and "all of government has three elements, namely, rules of procedure, Administration and justice. "Polybius with the practice of the Roman state system, that state power can be divided into three parts, namely the People's Assembly, Senate and the executive, the three separate and mutually complement each other, mutual constraints.

The great French Enlightenment thinker, jurist Montesquieu that each country has a legislative, judicial and administrative powers of three powers and checks and balances between the implementation. He In "<Spirit of the Laws>> wrote: people tend to all have the power to abuse of power, which is eternal and unchanging experience. to prevent the abuse of power approach is to restrict the power of power. In his view, a "free", a sound state, must be a power subject to reasonable and legal restrictions on countries. implementation of this power state, called the "wide and the state of political". ��
This view shows that executive power is to make effective checks, must be right about separation of powers but also to the right. Because of the special historical and social background, "separation of powers" not suited to the soil in our development. In our society Under the socialist system, although we can not implement the "separation of powers", but also must establish mechanisms for supervision and control of power, state power in the realization of the configuration and operation of the process, should enable the legislative, judicial and executive power is relatively independent of each other constraints. At present, China's national institutions, the People's Congress to exercise legislative power, the People's Court, Procuratorate exercise of judicial power, the people's government to exercise executive power, the "three powers" in a relatively orderly state of independently run.

In China, people's congress is China's power organs, organs of state Administration is the people's congresses to which they are responsible and subject to its supervision. But in practice, the power of Congress to the administrative constraints in certain areas is still quite weak, Therefore, the NPC should strengthen efforts to constraints on executive power. First, the NPC should have a strong independent executive powers restrict the ability to monitor the status. from the power system should be given the status of the NPC, the NPC of the administrative officials to strengthen monitoring, evaluation , appointment and removal powers, and secondly, people's congress deputies at all levels should be gradually reduced quota, making it a lean and efficient power sector, increasing full-time members, experts and scholars to encourage political participation, in order to achieve regular, specialized to restrict the executive powers.

Links to Research Papers Download http://www.hi138.com to German-made power. Morality is a certain community, a certain class of people proposed to deal with personal and individual relationships between individuals and society as a special Code of Conduct. That is the moral standard of good and evil, between people and regulate the relationship between the individual and the social code of conduct. "administrative staff as the administrative staff must have a conscience, obligation and responsibility, all in all activities to the public interest, gains and losses rather than personal interests as the standard of behavior. "��
Each individual is in a particular family and social environment to survive and developing, as education, social status, occupation of different, everyone's morality is limited, in the traditional planned economy to socialist market economy process, people could feel the great role of wealth. holds the executive powers of the group without a good ethical constraints themselves, it is easy to abuse their power. In practice, we can strengthen the following two levels of administrative staff moral character, with the moral authority to bind their hands. one of professional ethics, social and moral development as the final goal of strengthening the building of public Administration ethics officers, and the other to strengthen the ethical requirements of public Administration staff and make it public administrative staff and consciously abide by the generally accepted norms.

moral education for the strengthening of administrative staff, to a certain extent, make it right the lack of institutional building, at least you can run the system weaknesses and deficiencies in the process of moral education through to some extent be offset. However, a single moral constraint is not an effective way of power restriction.

Rights system power. At this stage, the right to restrict the public administration through the following powers: (1) freedom of expression. With the rapid development of networks of Civil actions against the Government improve the flow of words through the network. (2) the right to participate. mainly as for the livelihood, the administrative decisions of public interest, citizens through public hearings, the Advisory Council to express their own aspirations. (3) The right to know. the public, including national authorities have the right to know all the available benefits related to Civil rights, Civil people want to know or should let citizens know about all kinds of information. (4) government agency or official misconduct for abuse of power such as the right to report and prosecute, and suffered from a public authority infringed rights to obtain relief.

At this stage, the development of administrative power in the context of a market economy, showing continued expansion and alienation, the rights of the people whether their powers of effective control of the doubt. Be traced, mainly because our country is not one relatively mature Civil society. China's civil society began the beginning of reform and opening up a market economy and the deepening of reform and opening, continue to grow with the development, but until now, have not formed a relatively mature civil society.

To effectively restrict the executive power, government power and civil rights to achieve a harmonious interaction, we must actively cultivate civil society in China. First of all, develop the socialist market economy, the healthy development of civil society and lay a solid material foundation. Secondly, attention should be paid civil society, Research and advocacy work, and actively cultivate and develop civil society organizations to strengthen the government and people of good cooperation. Again, the legislative norms in civil society organizations to improve the quality of legislation to promote civil society organizations in the Government's guidance and help of healthy development.


References:
[1] Montesquieu. Spirit of the Laws (Volume) [M]. Beijing: Commercial Press .1995:154
[2] Hayek. Freedom Charter [M]. Yang Yusheng, etc., Beijing: China Social Sciences Press .1998:27
[3] Zhu Guanglei. The power to restrict power [M]. Chengdu: Sichuan People's Publishing House .1987:64
[4] Zhang Kang. Public Administration and moral dimensions of the dual [J]. Beijing Administrative College .2001
[5] Yu Keping. The Rise of Civil Society and Governance Changes in [M]. Beijing: China Social Sciences Publishing House .2002
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