A Research On The System Of China Power Restriction And Supervision

At present, China is transforming from the planned economy to the market economy, which causes many profound changes in other aspects of society. Since the power restriction and supervision system does not timely adapt to the requirements of the economic transition and social structural transformation, a number of mechanisms and institutions have loopholes, which makes corruptions become a big problem in this period. In the special historical moment of accelerating the transformation of economic development, improving the socialist market economic system, building a moderately prosperous society and accelerating the socialist modernization to a new stage, to strengthen the power restriction and supervision, to ensure the public power standardization, reasonable and efficient operation, are necessary for the healthy development of the economy and society in China. The system has a fundamental, overall, stable and long term characteristic, meanwhile, the constraints from the system can ensure the authority, accuracy, and standardization of the restriction and supervision, therefore, how to improve the power restriction and supervision is an important theoretical and practical issue at current. The report to the Seventeenth National Congress of the Communist Party of China has clearly stated, to "improve the mechanism of restraint and oversight and ensure that power entrusted by the people is always exercised in their interests", "we must have institutions to govern power, work and personnel, and establish a sound structure of power and a mechanism for its operation in which decision-making, enforcement and oversight powers check each other and function in coordination". This points out the direction for our current research on power restriction and supervision system.After more than 30 years of reform and opening up, the power restriction and supervision system in China has made remarkable achievements, that is, we have initially established the power restriction and supervision system basing on the principles of inner-party regulations and state laws. However, at present our power restriction and supervision system still has some problems, for example, we still do not establish a power structure in which the party and state's decision-making, enforcement, oversight powers check each other and function in coordination; the power is too concentrated; some core and specific institutions for the standardization of power operation are still not perfect. To solve the above problems, according to the power factors, this dissertation analyzes the power restriction and supervision system from sources of power, power subject and exercise of power these three core factors. Meanwhile, we select reform and innovation as the entry point, analyze respectively the power restriction and supervision system toward sources of power, power subject and exercise of power, and propose a series of reform and innovation ideas in order to improve a sound power restriction and supervision system.This dissertation is divided into three parts, introduction, main body including four chapters, and conclusion. The introduction refers to research question, literature review, main ideas and research framework, research methodology and academic innovation.Chapter one is about the basic components of power restriction and supervision system. First of all, we point out the basic theory of power, including the definitions of power and public power, the components and characteristics of public power, and the definition, causes and representations of power alienation. Then, it is the basic theoretical analysis of power restriction and supervision, exploring five models of power restriction and supervision. Thirdly, through analyzing the definition, characteristics, types, structures and functions of the institution, and the definition, causes, process and means of the institution innovation, we propose that the institution is not only the foundation, means and contents of power restriction and supervision, but also standardizes and guides the power restriction and innovation. At last, we consider sources of power, power subject and exercise of power as the core power factors and our theoretical framework, and try to analyze the power restriction and supervision system toward sources of power, power subject and exercise of power in following chapters.Chapter two explores how to improve the power restriction and supervision system toward sources of power. Firstly, it is about the basic principles of restriction and supervision toward sources of power, including popular sovereignty, representative government, separation of powers, adherence to party leadership, rule of law, protection of the basic civil rights and so on. Secondly, we think that current power delegation does not fully reflect the will of the voters, and power distribution is too concentrative. Then, in order to improve the power restriction and supervision system toward sources of power, we believe that we should improve the electoral system of the people's congress, reform party's leadership system and working mechanism, construct the mutual restraint and coordination of power structure and operation mechanism, and deepen the administrative reform.Chapter three refers to the restriction and supervision system toward power subject. It firstly mentions about the basic principles of restriction and supervision toward power subject, including strict selection and appointment, citizen oversight, powers and responsibilities consistence, moral restraint and so on. Then, we talk about the problems in the restriction and supervision system toward power subject, for example, the basic principles mentioned above are all imperfect. In order to solve these problems, we should improve the cadre selection and appointment system, implement the official property proclamation system, improve the accountability for party and government leading cadres, and improve the mechanism of official ethics education.Chapter four is about the restriction and supervision system toward exercise of power. We firstly state the basic principles to realize this kind of restriction and supervision, including open and transparent, standardized operation and integrated supervision. However, the open system of governmental work is not sound, power operation is not standard, and the effects of the integrated supervision are not so good. Therefore, we should improve the open system of governmental work, and establish a sound internal control mechanism of power, a sound power supervision system and a sound citizen reporting system.At last, we conclude that we should make the people-oriented as the core value of the power restriction and supervision, reflecting in three aspects:we should make sure the target position, dynamic position, and standard position from the people-oriented power restriction and supervision system; at the same time, how to implement the established institutions thoroughly is much more important for strengthening the power restriction and supervision system; and we should improve the enforcement of the institutions by improving quality control, education, supervision, and reward punishment.