The Study Of The Supervision And Restriction Of Administrative Power

"Power tends to corrupt, and absolute power corrupts absolutely." This original political sin of human nature makes power a constant problem that thinkers, philosophers, and politicians try to solve, and supervision and restraint of power has been an old and new topic.History is the key to communicate between the past and the future. Ancient Chinese thought and system in supervision have a long history and correspond with state theory, mainly around the two mainlines, one is state theory built on the basis of theological destiny to develop interaction between God and human beings; the other is a strong three-dimensional interactive monitoring network which was constructed during the historic tendency of governing the official instead of the people. It can be summarized that it started in pre-Qin, formed in Qin and Han dynasties, developed in Wei, Jin, Sui and Tang dynasties, and matured in Ming and Qing Dynasties. Ancient China has developed two systems of supervision and restraint, censor supervision system and remonstrant criticism system. The former top-down plays a role to punish corrupt officers, focusing on the impeachment and prosecution on officials breaking the law; the latter bottom-up plays a role to criticize the Emperor, mainly pointing out the gains and losses in administration to the Emperor. The two systems have been united after Song Dynasty, although the two-way interactive system contributed a lot in the clean governance and judicial fairness, it didn't give effective oversight in the imperial power.The warnings that Chinese ancient history of power supervision and restraint has given us are:one-way operating mechanism has poor effect, and power supervision and power restraint should match each other; central and local decentralization should be appropriate; the main body of power supervision must possess independence and authority; power supervision and restraint systems should rely on legal protection; entanglement of interests is the deadlock of power supervision and failure restraint.Thoughts and practices in Western power supervision and restraint made outstanding contributions to human civilization and political progress, mainly inclining to monitor and restrict power with the horizontal separation of powers within a state. The main ideas include Locke's two-right separation, Montesquieu's separation of powers and Jefferson's three-dimensional separation of powers, with operation mode of the United Kingdom, France, the United States and Sweden and so on. As an Asian country, Singapore makes out of its way in the control of power of supervision and restraint, with absorbing the characteristic and of Eastern and Western political civilization.The Chinese Communist Party, in the revolutionary war and peace-building period, has had the painful lessons in corruption and abuse of the power. The CCP has gone through the tentative exploration during the democratic revolutionary period, the twisting development in the first thirty years of founding and tentative construction after the reform and opening up. After the reform and opening up the power supervision and restraint system was initially constructed, primarily through separation between party and government, decentralization, establishment of specialized oversight agencies and making government affairs open, and introducing a series of laws to restrict power.The main problems in China's supervision and restraint of power exist in the subjects of power supervision and restraint lack of independence and authority with ill-defined responsibilities, single operating direction of supervision and restraint mechanism, and design flaws in the organizational structure of power supervision and restraint. Of which the reasons include intuitive thinking and social structure with differential patterns, morality-mixed religion and law, cognitive errors in assumption of the human nature, and self-defect limitation of the limited rationality as well.To really improve the effectiveness of supervision and restraint of power, it requires a rationalization of the operation mechanism of supervision and restraint of power, constructing the system by restraining the power through power, right, morality, law and society and at the same time establishing a sound scientific and democratic decision-making mechanism, perfecting the system of keeping the public informed of the government affairs and the system of inspection tours, strengthening supervision and auditing, carrying out the policy of possession declaration. After having a deep understanding of the weaknesses of the defects in organizational structure, the policy of direct leading and the nomination to the lower two grades should be carried out to change the current organizational structure. In the course of supervision and restraint of administrative power Strategy system that will be Improved, A measurable and evaluation standards to be built that limits activities of supervision and restraint of administrative power is also essential, which will play its overall roles. In order to judge the past and look forward to the future, the proper scientific criteria to be built that can evaluate will be improved and enhanced.The lack of the supervision of power supervision may also cause corruption and bring the fatal harm of destroying the political ecosystem and influencing the ruling foundation. Supervision power easily leads to corruption and dissimilation, which is reason that there is not only imbalance between the result of sanctions and incomplete supervision power system but also the benefits of rent-seeking in power supervision are far more than that in normal rent-seeking behavior. The necessity of supervision and restraint exits in the human weaknesses and the finite of rationality. To overcome the dissimilation of unsupervised rights, the following several aspects should be achieved:the legalization of power supervision, the implementing of the policy of anti-corruption by considerably increasing income, the rigorous enforcement of punishment system and the foundation of supervisor system.