Supervision and Control of Public Finance

Keywords: public finance / Economic constitution / monitoring and control
Summary: From the perspective of national constitutional arrangements of public finances in the formation of state power configuration problem will reflect the system of public finance for construction supervision. Have the beginning of the parliamentary system, Parliament passed the control to monitor government finances, the DepArtment of the performance of parliamentary Democracy. With the social Development of parliamentary control of public finance has shifted substantially controlled by the government, parliament passed legislation on financial control switch means such as the rule of Law to monitor, not involved in the real sense of resolution. in our people Democratic Congress function, monitoring function has yet to be perfect circumstances, the institutionalization of public financial supervision, the rule of Law should be the preferred way. Only on this basis, civil or social organization can be truly effective in monitoring the country's public finances expenses.

Introduction: Public Finance Perspective Constitution
The end of 2008, a financial crisis sweeping the globe, countries have trotted out the "bailout." Former President Bush and the U.S. Government President Barack Obama were also put forward the "rescue plan." Obama 8000 billion rescue program , a fierce debate through the United States Zhongcanliangyuan approved by parliament. (Note 1: President Obama signed 7870 billion stimulus Economic program. 2009-02--14 Source: Xinhua. WASHINGTON, Feb. 13 Xinhua (Xinhua Hu Fang Liu evening of 13 U.S. Senate vote in the final vote, by 60 votes to 38 votes in the results, approval of a total of 787 billion U.S. dollars in Economic stimulus plan. The plan will be sent to President Obama signed effect. It should be noted that, as an Economic policy itself is reasonable, in Parliament by the heated debate. ϯ������Ƥ�� the Consumer Electronics Association, issued a statement criticizing Congress this approach, pointing out that this provision will be issued a signal that the U.S. is back to trade protectionism and Economic nationalism of the old ways unhealthy. Shapiro warned, this provision would dilute the role of the economic stimulus plan, and lead other countries to take retaliatory measures against U.S. products, but would damage the U.S. economy. as an important national economic policies introduced, the complexity behind the game and competing interests is understandable. This policy of no intention to discuss the Political process of public finance issues, but are designed from the perspective of constitutional Law public the formation of fiscal policy, institutional arrangements, the introduction of inspection of public fiscal policy configuration of state power, and legitimacy of the Constitution and its institutional arrangements for the analysis of theory and practice. Details include how the public is legally authorized fiscal policy, implementation and monitoring and how the policy options proposed, subject to the specific procedures, consideration and approval by the Who, who would control and other issues.

Come from the Constitution's system of public finance policy issues, should be classified as constitutional Economics. James Buchanan, who has the "constitutional Economics" defined as: the use of economic methods to study the binding of human economic and Political choices constitutional rules and institutions. that self-interest in the market, "economic man" into the Political process in the voters or officials, their self-interest will not be a fundamental change of character, with the inevitability of abuse of power by those in power. So , restrain government power, the power to prevent those in power is the core issue of constitutional Economics [1]. This is the classical methodology there is no essential difference between the Constitution, only the expansion of Research. Economic Constitution of the early Researchers that the economic constitution Science is a logical stArting point for the taxing right to the core content of financial power, to issue currency for the construction of the main means of national economic power system [2]. In recent years, the constitutional system of constitutional scholars from the formation and control of financial has raised concerns (Note 2: see Zhou Gang blog. of Public Finance and the constitutional state - as a theory of Financial Constitution preamble, Beijing University Press, 2005 edition. Wuyue. Introduction to Economic Constitution - the rights and China's economic transition power game, Law Press, 2007 Edition., Overall, however, most results still can not get rid of tax Law, economic law and other disciplines affected. If the operation of our national financial system as a in-depth analysis, this is our Constitution cut into the social practice of learning a new point of view, but also help improve the supervision system of public finance.

First, the design of the Constitution: Parliamentary Finance function
From the point of view the history of Parliament, the parliamentary system and the state finance from the production is closely related. Known as "the mother of constitutional government," said the British Parliament, from birth to grow, competition for control and financial power are inseparable, and even in from the Middle Ages, the Parliament and the King will be engaged in a fierce and sustained fighting, and parliamentary control of the financial powers, established its exalted status and an important symbol of [3]. With the Development of modern theories of constitutional Democracy, the Parliament established in the national financial specific position in Parliament as a national representative institutions in the formation of national fiscal policies bear important responsibilities.

(A fiscal policy to provide legitimacy for the
National fiscal policy should be Political, institutional legitimacy. According to the arrangements of modern Democracy, the Parliament elected by the citizens to obtain the status of Political legitimacy. Thus the approval by the parliament to form a government or government policies, while this transferred to another kind of legitimacy of the system of the country, the government has the legitimacy of its policies. As fiscal policy decision-making process, certainly is one of the most important parliamentary functions.

States Constitution as the Parliament of fiscal considered one of the major powers, the state financial revenue and expenditure by the Council to consider arrangements for the relevant Act or by arrangement. American "<Constitution>> Article 1, paragraph 7 provides that all motions should be taxed first in the House of Representatives, the United Kingdom in 1911 <<Council Law "> provides, the Parliament of the Government's financial monitoring completely shifted to the lower house, the Senate no right to pass and reject financial motion, only to the House's decision to consent, France 1958 <<Constitution >> Article 39 stipulates that the National Assembly, the priority of the financial legislation, the provisions in Article 47 of the National Assembly within the time frame of the National Assembly failed to consider the first reading of its decision, the Government only be sent to the Senate, Germany In the early 19th century German Confederation will be introduced during the parliamentary budget oversight. should be further noted that, in the bicameral parliament, the right to tend to the financial consideration by the lower house (House of Representatives or the civilian population, said Yuan for deliberation, this is the existing constitutional Development trends. composed of representatives elected by the people in the lower house is regarded as the main function of democratic representative institutions, considered by them to vote, to better reflect the requirements of public fiscal policy.

(B master control of the government's way of financial Parliament
National Financial is a national order to maintain their existence and realize the importance of their social security management functions, the state with the power of government activities in the national income distribution. National revenue and expenditure, including revenue and expenditure aspects. Parliamentary control of the government's most the original, the most effective means is financial, so-called "no representative who does not pay taxes" and later known as the Council "to grasp the power of purse," also known in Japan, "Financial Parliament Theory."
The free market economy has brought a large number of social issues, the country in order to ensure social equity, and maintain and promote the prosperity of the economic structure, must conduct a comprehensive social and economic interventions [4]. In this context, social welfare, social and livelihood and other economic policies frequently introduced, countries in financial and economic fields feature increasingly strengthened the role of government by the "night watchman" into an enhanced state functions of government, especially in the economic functions of the increasingly strengthened. The most significant result is that the national administrative power have greatly expanded the boundaries of the state and the government do anything to give the government a comprehensive intervention in the economy, social and even intervene in people's private lives interfere with the various functions of the people "from cradle to grave" are dependent on state and government, State and Government of the gradual evolution of as "administrative state", "omnipotent government" [5]. At the same time, the parliament as the center of the state power mode of operation in terms of efficiency but also exposed the defect, forcing the parliament had to transfer to a large number of administrative bodies of state power by the it to directly exercise. parliament to control government by controlling finance, has become one of the few effective ways.

(C parliamentary democratic values in decision-making
Representative Democracy fiscal policy reflects the state of political and institutional legitimacy. But advocates of deliberative Democracy theory, William Gede Wen pointed out that representative politics has a defect can not be avoided: "Most have to subdue a small number, and the few objections and dissent, the fact that even submit any objections on their own views. "[6] further held that deliberative democracy is more important. William Gede Wen also believe that consideration of the legal regime should be based on a common basis for the real political power. because the regime is necessary for human well-being, the power structure of the most important principle should be: "power is the name of all the people for the benefit of all people, the collective of each member should participate in its views on the measures taken." [6] (P145 John Stuart Mill also believes that negotiations can correct wrong judgments, thus reducing the generation of cognitive errors [7].

Accordingly, for further consideration by the Parliament to see another democratic values finance. In consideration of democracy, open and free debate and expression of the interests of smooth channels of political information is conducive to transmission, expression, and respond to the demands of various interests, so as to promote among citizens, between the government and the citizens of mutual understanding, communication and cooperation, and finally be able to promptly resolve social conflicts and promote social harmony, and help to promote the legitimacy of public decision-making.

Of course, whether it is representative democracy or deliberative democracy, in achieving the fiscal policy-making process, the real implicit utilitarian purpose, that everyone tries to vote (directly or indirectly, or other modes of expression to reflect the common interests of the majority, because how to rational allocation of national financial, related to the interests of each people, "Condorcet theorem" proves once again that representative model as a tool for the possibility of domination, legitimacy. of course, out of the cocoon, and Parliament to consider financial decision-making, reflects the intrinsic value of democracy. intrinsic value of democracy itself, concerned with the sense of the value of non-target tool, which allows participation through democratic satisfy themselves, contribute to personal freedom, equality, a lot of goals.

Second, the reality of reflection: the control or government control of parliament
As mentioned earlier, the main function of Parliament is the first fiscal control of the right or the right to tax, by the representative organs of power in the government budget to grasp seems to be the most important modern constitutional design of the system. But in reality, it such as the design was not able to achieve expected results, the Parliament by the government has become a widespread threat to practical problems, making the parliamentary control of the financial power to become a theoretical hypothesis, back to real life, it is quite different: the government instead of financial powers of parliamentary control. the case mainly in the following areas:
The first mention of the main government budget. The general budget bill proposed different. General Act by a Member, the Government, the main other proposals put forward proposed budget authority, usually belonging to the Government. The United States provided the original budget proposed by Congress, 1921 <<Budget and Accounting Act "> issued later, will return the budget to change the power of the president. parliamentary cabinet system in the country, the Cabinet proposed budget to the legislature, the implementation of the national presidential system, the right of the Budget proposals exercised by the President [8]. the Finance Bill proposals authority vested in the Government's finance bill for the government, then controlled by the Council to implement the review, the Council at this stage of the review, often just to stay in form.

Second, Parliament budget constraints. Members considered the Budget, the Budget can freely change, or whether there are other powers, constitutions, laws are not consistent. According to national statistics 82, Members considered the Budget, the provisions of Members have the right to increase or decrease state revenues and expenditures 32 to require Members have the right to reduce the increase in expenditure was not 17 countries, require Members to have the right to reduce fiscal expenditures, but increased expenditures shall be subject to the consent of the State Government, 4 one to require Members have the right to increase or decrease spending, but only choose one of the countries have used 13, the Budget did not consider the rights of members to make special provisions in detail 15 countries, no such requirements in respect of the country Only one [8] (P292.

In fact, the parliamentary power of the Government's financial review, the Council of the pressure, often seen in reality. From experience, even if the parliament the right to change the provisions of the financial program, but this change can not be arbitrary, the right to change too often remain at the theoretical level, the Parliament made after consideration of the case had been very little change in .1997, the United States for the 105th Congress, the time required by the Government, not through the government budget, the government went so far as to "close" phase threat. the practice of the French Fifth Republic, the Houses of Parliament have not completed the financial bills overdue consideration of the case [9]. British Parliament has been held since the formation of the government of the teller role, financial powers in the government de facto control If the Government want to spend money, the Parliament would have opened their wallets. In financial matters, money is king, the Parliament give money. the king's executive power is replaced by a cabinet system, sharing the pattern of financial power is inherited, any financial motion by the Government, under the admissibility of the hospital [10].

China 1954 <<Constitution>> Section 27 provides that the exercise of National People's Congress decided to review and approve the national economic plan and the state budget and final accounts, the existing <<Constitution>> Article 62 of the National People's Congress exercises the review and approval of national economic and social Development plans and planning report on the implementation, review and approve the state budget and budget performance reports. China adhere to the people's congress system, the existing <<Constitution>> terms of the provisions of the NPC is the "Review and approval ", but not limited to" approval "authority, which the NPC is the highest position of authority in line. But from our National People's Congress and its Standing Committee, the central government budget and final accounts of the consideration of the report to analyze, (Note 3 : Following on the first session of the Ninth National People's Congress and its Standing Committee to review the final document adopted by the budget set, from the National People's Congress Standing Committee Budget Committee Budget to review the room prepared, China Financial and Economic Publishing House. NPC Government's review of general formality examination only. Specific features include: First, by the Budget Committee of the NPC or the NPC Financial and Economic Committee for preliminary review comments before, and second, by the NPC plenary meeting, a preliminary review comments, the form of review. can be seen, the NPC Budget Committee or the NPC Financial and Economic Committee of the NPC and its Standing Committee for review comments play a key role in the review of the three was to review the content in general, fiscal balance is only for review, and an administrative management principles should be advocated austerity and other non-substantive review comments or specific in nature, has never made the government rejected the program, the four proposals for the central government, the NPC changes very carefully. Of course, as a National People's Congress as the highest authority in the country, occasionally exercise the right of the government proposals for changes . (Note 4: change the situation, including: in 1957 the fifth meeting of the First National People's Congress proposed to increase revenue and increase spending on the National People's Congress approved the 1957 amendment to the state budget in 1981, the third meeting of the Fifth National People's Congress approved in principle , then because of the situation requires, make adjustments in the Fifth National People's Congress adopted the 17th meeting of the national economic plan and national revenue and expenditure report for 1996, "deficit" and so on, January 30 according to the rules of procedure and budget for Congress Law report, Finance Committee comments, too few pre-revenue, the deficit compression is small, the State Council revised, the Fifth Session of the Eighth National People's Congress, Finance Committee agreed to the report, the State Council examined and approved the report, the Second Session of the Ninth National People's Congress through the implementation of 1998 budget, 1999 budget situation, the Central Standing Committee approved the 1998 accounts, but more problems occur in view of the Audit Commission review proposed State Council should mandate seriously dealt with within 6 months of the Standing Committee will report the results.

In addition, compared to the national parliamentary system, presidential executive power of state financial control in the more powerful. States parliamentary system, Parliament has supreme status of programs for the Cabinet, the Parliament a comprehensive review and decision. China implement the people's congress system, NPC is the highest authority of the State Council, a comprehensive review of the financial plan and approval rights. The countries in the implementation of the presidential system, the Parliament is only the legislature, not the absolute sense, the highest authority, the president a stronger financial control. U.S. President the right to make financial decisions is not only the program, and the parliamentary approval of the financial plan must take effect signed by the President, the fact the exercise of the parliamentary review after approval of the supervisory role of the program. In another example, The Russian Federation Council is no longer the Soviet Union before the highest authority, the Parliament has lost a national decision-making power, in fact, the enforcement authority to listen in the country, the main state affairs by the President of the arrangements. So the Federal House of the State Du President Ma and is often related to economic reform in a number of draft laws, the federal budget on the contradictory and sometimes even pull out the sword Nu Zhang. However, the State Duma, the lack of appropriate constraints on the power of the president, while the majority is not willing to The State Duma is dissolved, so in most cases, the decision can only be approved by the President [11].

Can not be ignored is that political parties in the parliament and the government's fiscal policy to control the process of profound impact. In a sense, Parliament is a political party is like an "advocate." Party or interest group can promote the interests of various social differentiation or concentration, and become a basis for policy Development. often political parties in the Parliament or the Government or approved by the program during the process of "behind the scenes", the final result of integration, not only will benefit the majority of a policy, you can also make a few to see their requirements have been in national policy formulation process has been reflected.

Third, the functions of the transition: Control or supervision
The main function of Parliament is the first financial rights or the right to tax the government control of its administrative powers to limit the monarchy and demands out of fear of the feudal autocratic monarchy and [10] (P21 - 22. However, the Council inadequate control of the Parliament of the functions of financial control has been shifted from the substantial rights of the Government's fiscal oversight.

(Theory of a parliamentary oversight
First, from a historical point of view, the Government has played a leading role in the financial power in .1706, the British lower house of parliament also passed a resolution that: the proposal without the king, the House of affairs of the countries of the petition shall not accept any amount of required income from the state to spend money on any motion shall not be considered. As mentioned above, the Council has served as the government (the king of the teller role, the government (the king really control the financial power, as long as the government (the king wants to spend money, the Parliament have opened their wallets. King's executive power is replaced by a cabinet system, sharing the pattern of financial power is inherited. Although the modern state parliament as a representative body of the Government's public financial programs, policies, still tend to monitor the incomplete, the de facto control. reality of the situation and the historical practice of Parliament can not be unrelated.

Second, the rule of law requires parliament can not be given financial powers. "Power tends to corrupt and absolute power corrupts absolutely," the basic principles of parliamentary democracy the majority decision is not to restrict power through the separation of powers, corruption, parliamentary democracy and therefore Ironically, many people are also the side of their hypocrisy, pointing out the tyrants and dictators is easy to manipulate, easy to breed corruption of power. Thus, parliamentary democracy and not the absolute worship of power, they must rely on the rule of law to be bound by the generally accepted . This is in the West, the combination of democracy and the rule of law system, also known as "free and democratic system." embodied in the formulation of fiscal policy, financial and absolute control of Parliament would not be welcomed, opposite Parliament to monitor government finances through the democratic right In reality the system back into normal.

Third, the protection of public finance decision-making efficiency and scientific. The Government, as the executive branch, on the nature of democratic legitimacy can not be comparable with the Parliament, but its decision-making efficiency, scientific advantages may exist. Taking this into account, Whether national or presidential system, parliamentary system have given the State Government's fiscal policy decision-making power, the proposal is fully respected the right of the Parliament of the functions of the Turn of the examination and supervision of the Government's financial decision-making. This is, from the British parliamentary cabinet system " care and thought, "interpretation that reflects the implied meaning. the British Parliament to grant financial proposal with the British government that is closely related to the characteristics of the constitutional system, which has responsibility for the cabinet system requires the Cabinet decision-making power, and a variety of financial decisions the primary decision-making in the affairs of state decision-making. responsibility to determine the cabinet system to be mastered by the government financial decision-making power, and Parliament should defend the Government's financial decision-making power. If Parliament put forward their own taxes, funding programs, or the Government's tax and spending projects and the amount of any increase or decrease, is bound to disrupt the government's financial decisions that can affect the efficiency of government decision-making and governing capability [10] (P21 - 22.

Fourth, further reflection based on functional separation of powers. Some scholars have pointed out that with the change of society, the principle of separation of powers, new developments in theory, no longer adhere to the traditional division of powers. To prevent the abuse of power and the purpose of protection of rights, although still insist However, in the way of separation of powers from the tissue turned to functional separation requirements [12]. The new functional requirements of separation of powers in purpose, not only on the one hand to restrain government power to protect people's rights, on the other hand are looking forward to appropriate separation of powers and checks and balances to promote smooth and effective government departments to achieve the task itself. the German Federal Constitutional Court in Germany in 1984, "missile deployment," ruling again, according to the function optimum point of view, important issues are not necessarily the legislators decided to return, but also administrative decisions may be classified. what is attributed to legislative or administrative, depending on the matter by the administrative decisions or legislative decisions can better position to reach the correct decision as far as possible [15]. According to the functional decentralization of reflection, we believe that proposed by the executive power fiscal policy, then the examination and supervision by Parliament, more in line with the modern state in the functional requirements of social and economic fields. reposted elsewhere in the Research Papers Download http://www.hi138.com (b reflects the oversight functions
Financial supervision from the national parliaments of the relevant provisions of the legislation point of view, monitoring content, the mode of supervision has the following characteristics.

The object of financial monitoring are two main aspects, namely, revenue and expenditure. French Finance Act also provides for monitoring of national income and expenditure of the nature, amount and purpose of [14]. South Korean National Assembly to monitor the Government's finances, including a number of aspects: Treasury consent right on budget, and may become a national burden of a contract concluded by the consent, of a treaty concluded by the financial responsibility of the consent, the right recognition of reserve fund expenditures, emergency financial and economic recognition of the right to dispose of [15].

The mode of supervision, including supervision of pre-and post-monitoring methods. Prior supervision through review, vote, and ultimately into legislation, financial programs before taking effect, after the supervisory board is still mainly refers to the adoption of the Finance Act of the operation in the exercise of supervision. the legislative process in France Finance has 3 main features: the strict order of consideration, the unit of voting on the unacceptability of the Special Provisions [14] (P195, the British Parliament in monitoring the main form of finance are mainly three aspects: a is a debate, the second is the question, the three of legislation [10] (P78, German Federal Parliament's oversight of the federal government characterized as the recurrent acts of control, "supervision" is not equal to take immediate action, but the activities of the government regular check and supervision in the form of: budget authority, voting rights, the right question, investigation, supervision of special committees, such as impeachment, and a right of action [16]. Undoubtedly, the completion of Parliament how the government's financial oversight functions, protection depends on a series of practical conditions. These safeguards include: the convening of Parliament time [17], Council subsidiary bodies [17] (P428 and independent parliamentary investigation or review body.

(C judicial review of public finances
Should be noted that in another important state power authority - judicial power, compared to parliamentary and administrative oversight of the trend to strengthen internal oversight, judicial supervision of the financial policy function is declining. Even the most stringent claims " separation of powers "system of the United States, can also conclude that, do not advocate judicial power over fiscal policy on the Council's intervention. U.S. Constitution to the federal spending power and the right to tax as a pair of twin powers, including in the United States Among the first Diba Kuan Constitution. Congress has the power to carry out public welfare spending, Congress granted by the Constitution to tax based on the public welfare and the allocation of financial powers [18]. In the case of United States V. Butler of the Federal Supreme Court funding overhead power to take a very liberal interpretation. The case the majority view was that the purpose of Congress to make public the cost of public funds by the Constitution does not expressly limit the scope of legislative power [19]. In 1937, the Supreme Court refused to for the Tenth Amendment to the Constitution to limit congressional power expenditure [20]. Since 1937, the Court is inclined to give lawmakers a great play space, completely to the "minimal rationality" concept, as Inquisitorial Government The only question the policy of [21]. In Buckley v. Valeo case, the court held that the matter should not be criticized later (speculations Congress to help set up presidential candidate, whether the funds or the general public interest and the establishment of public funds does not violate the principle of separation of powers federal powers, which affirmed the Congress established the practice of funding the presidential election [22]. In addition, the constitutional issues associated with this is that the West has been around the economic rights, welfare, whether the implementation of national policy, the court responsible for monitoring the extent to which established the decision on the allocation of welfare assistance payment "public purpose" of the legislature to determine a heated debate. Grootboomp South African Constitutional Court in the case, the Court also recognized that constitutional obligation to be fully implemented at the local level, and Matt Lo Kok (CapeMetro government has also developed their own works to specifically address the land the urgent needs of those people. But the project has not been implemented, mainly because it has not been enough financial support the central government. "If you realize that the National Housing Project the existence of this demand, "the central government should" develop a plan, to budget, monitor and deal with various crises to solve urgent needs. this is certainly a lot of much-needed housing to ensure that people can get relief, although not all people are in need of immediate access to relief "[23]. The court has to take into account both the respect for democratic privileges limited budget, the Court avoided the examination of democracy, but rather examine whether the Government plans to develop a reasonable administrative action. In my opinion, really is a South African court new, unique and promising approach to social and economic rights of a democratic constitution and the state's financial allocation, because the formation of national financial program analysis, this really captures the heart of the problem.

Conclusion: the road of choice in the Constitution
With the depth of modern free market economy development, the state gained full legitimacy of intervention in the economy, regulate and restrict the power of the national economy in the Constitution came into being. Constitution concerned with public finance issues, which is the traditional public law by the Constitution as the focus emphasis on individual rights of citizens to prevent the abuse of financial powers of the transition state. As legal scholars pointed out that the German economy, the economic constitution refers to "countries in order to determine the scope of economic freedom, the purposes of monitoring or economic control, the basic legal principles based on the provisions of the Constitution" [24].

Through the formation of parliament in national fiscal theoretical and practical issues in order, on the current world financial power in the operation of state allow us to have a more clear understanding. In my analysis, not difficult to find the game in the parliament and the government process, filled with parliamentary democracy and the balance between administrative efficiency, while the Parliament has become the rule of law, parliamentary democracy to make up a good selection of road. The constitutional scholars contribute to our understanding of reflection and improve China's financial system. in People function of the General Assembly, the democratic system, improve the monitoring function remains to be the case, it seems more systems to be improved from the financial system. And, to play in advocating democracy and representative functions, they should also guard against the tendency of the Pan-democratic, especially in Constitutional factors is not sufficient conditions, the rule of law is more necessary that we choose the path Moreover, the institutionalization of democracy and the rule of law itself, and procedures. Only on this basis, can I get on how to improve the supervision of civic or social organizations to participate in national public expenditure of means.

Notes:
[1] Richard B. Mckenize. Constitution Economics. Lexington, 1984: Preface.

[2] Zhao Shiyi. Economic Constitution fundamental issues [J]. Legal Research, 2001, (4:33 - 41.

[3] Liu Jianfei, Liu Qiyun, Zhu Yan San. The British Parliament [M]. Beijing: Huaxia Press, 2002:76.

[4] AJP Taylor. English History1914-1945.Oxford: Clarendor Press, 1965:1.

[5] Jiang Mingan. Administrative Law and Administrative Procedure Law. Third edition [M]. Beijing: Peking University Press, Higher Education Press, 2007:9 - 10.

[6] William Gede Wen. Political Theory of Justice (the paper [M]. Ho Mu Li, translated. Beijing: Commercial Press, 1980:394.

[7] ������ά˹. As a public consultation Democracy: a new perspective [M]. Wilfred Wong, translated. Beijing: Central Compilation and Translation Press, 2006:2.

[8] Wutai Ying, Ren Yun is, Li. Comparison of the legislative system [M]. Beijing: Mass Press, 1992:291,292.

[9] between nutrient state. The French Parliament [M]. Beijing: Huaxia Publishing House, 2002:193.

[10] Liu Jianfei, Liu Qiyun, Zhu Yan San. The British Parliament [M]. Beijing: Huaxia Press, 2002:77.

[11] extensive criminal process, Pande Li, Li Yajun. Russian Parliament [M]. Beijing: Huaxia Press, 2002:94 - 96.

[12] Zhu Ying-ping. Constitutional rights of African human rights protection function in terms of [M]. Beijing: Law Press, 2009:98 - 109.

[13] Xu cases force. Law and state power (b [M]. Taipei: Yuan Zhao Press Ltd., 2007:302 - 310.

[14] between nutrient state. The French Parliament [M]. Beijing: Huaxia Publishing House, 2002:194.

[15] Han Dayuan. South Korean parliament [M]. Beijing: Huaxia Publishing House, 2002:110.

[16] Gan Chaoying. The German Parliament [M]. Beijing: Huaxia Press, 2002:227 - 230.

[17] Cai Jian. Chinese people's congress system [M]. Beijing: Law Press, 2003:426 - 427.

[18] John E. Nowak, Ronald D. Rotunda. Principles of Constitutional Law. Thomson West, 2004. 110.

[19] See United States v. Butler, 297, US 1,56 (1936.

[20] E. Nowak John, D. Rotunda Ronald. Principles of Constitutional Law. Thomson West, 2004. 111.

[21] • Paul Brest, Sanford • Levinson, Jack Balkin • Achilles • Era Ma: Constitution-making process: Cases and Materials [M]. LU Fu Jia, translated. Beijing: China Politics and Law University Press, 2002:1342.

[22] See: Buckley v. Valeo, 424 US 1,96 (1976.

[23] Cass R. Sunstein. Designing Democracy What Constitution Do. Oxford university press 2001 p 232.

[24] Shiqi Yang, Su Junxiong. Law and Economic Development [M]. Taipei: Cheng Chung, 1974:74. Links http://www.hi138.com Research Papers Download