Research On The Checks Of Power With Chinese Characteristics From The Perspective Of Constitutional Democracy

The country nature, historical tradition and actual national condition of differentstates are not identical, which have decided the different patterns of the ckecks ofpower.The checks of power with Chinese characteristics is a new type of checks ofpower set up on the basis of Chinese characteristics socialism political system and thetheoretical foundation. Because our country current socialist democracy is not perfect,the system of the checks of power there are still serious weaknesses and theinsufficiency, We must summary and think about the experience and lesson of thechecks of power all of the country, analyzed correctly the background of constitutionaldemocracy faced the checks of power with Chinese characteristic,scientifically hold thechecks of power results achieved and constantly improve the the checks of power withChinese characteristic.To explore Chinese characteristic theory of the checks of power,we need to clearfirstly the definition of power Therefore,this paper clears that Power means thecapacity that behavior subject influences and controls validly the other subject based onauthority, on the bases of analysis and evaluation of Chinese and foreign scholars aboutthe concept of power. Nextly, at the same time clarifying the differences betweenrestriction and supervision, clears the restriction is refers to restrict and restrict eachother between constraints, constraints, and control process. If we put the concept of thepower and the restriction together, and analyze the subject, object, purpose andmechanism of the checks of power in detail, we can reach the core concept: the checks ofpower is the process that subject of state power and social power subject as constraints,using their powers, control, limit and restrict the restricted state organs. In reality, it isproposed the requirements to restrict the power whether from the power of the body, thenature of power, or from the corruption of power harmful. Due to the three aspects offactors also exist in the China's power running process, it is not only necessary, but alsourgent that formed the checks of power with Chinese characteristic.In today's world, whether capitalist society, or socialism society, democracy andconstitutionalism have become a practical legal background of national political life,therefore, the research on the checks of power is not out of democracy and constitutionalism vision. Since ancient Greece, many scholars have put forward aseries of democratic theory and democratic idea, advocated the people's power is thestate power sources, the people's power was over the power of the government with thesupremacy, and can determine the power of the government. Moreover, thesedemocratic thoughts have been varying degrees of confirmation in the constitution ofwestern countries. Similarly, Chinese and foreign scholars made the explanation to theconstitutional from different angles government, and most of them think thatconstitutional government are closely related to the state power, constitutionalrelationship between democracy, constitutionalism and human rights. Therefore,through combing the related content of democracy and constitutionalism theories, wecan find the natural link between democracy and constitutionalism and the checks ofpower, and democracy and constitutionalism raise specific requirement to the thechecks of power. Thus, democracy and constitutionalism constitute the political andlegal basis of the checks of power.The key idea of this article discussed is the checksof power with Chinese characteristics in the view of democratic constitutionalism.According to Marx's perspective of historical materialism, the capitalist societyand the socialist society are two fundamentally different categories of socialmorphology in the nature. However, in terms of the development process of the humanhistory, capitalist countries experienced longer than socialist countries, and formedsome mature modes in the development of the society and the political system. Underthe guidance of the theory of the western capitalist democracy, western countriesdevelop and perfect a series of democratic system including representative system,electoral system, and party system in practice. This democratic system plays a goodrestraining effect on the power operation. It is helpful to a profound understanding of thedemocratic process and democratic mechanism that raised national power throughin-depth study of the western capitalist democratic theory. The Marx Thomas also hasa deep understanding to the socialist democratic system construction. The SovietSocialist Republic led by Lenin has constructed the socialist democratic system, andfounded socialist mechanism of the checks of power Undeniable,the two differenttheoretical understanding and practical experience can provide the theory and specificmodel reference to strengthen the system of people's democracy with Chinesecharacteristics under the mechanism of the checks of power.Similarly, capitalist countries have abundant constitutional theory that asked the state to rule by constitution. Therefore, under the guidance of the theory ofconstitutionalism such as the power of the state boundary theory and the theory ofseparation of powers, many western countries make clearly provision to the statepower limit and the national power organization in the form of the fundamental law ofthe state, which plays restricted effect on power inside and outside. The Marx Thomasattached great importance to the function of constitution on normative governmentpower and guaranteeing human rights action. Therefore, combing the westerncapitalism and the Marx doctrine of constitutional theory and practice, it is useful toscientific, standardized and institutionalized construction of the checks of power withChinese characteristics.