The Tentative Dissertation For Constituting And Perfecting The System Of Supervision And Restriction Of The Administration Power

In the period of community transformation nowadays, the administration power gets a continuous outstretched space as its purpose turns around to the community commonality service and the universal welfare, its executive attribute makes for the administration power judgment freedom alienation to be fallen away the purpose of law authorization because of the comparative abruption between the administration commonweal and civilian commonweal. The continuous expanded and continuous power alienation realizes capitalization rapidly on the promotion of market economy's huge tide and becomes the tools with which some few persons accumulate wealth, it make the power exertion to be changed into "power exploitation", not only the socialist economy construction is disturbed and the national economy life line is blocked and cut off, but also the national democracy groundwork is shaken badly, if so, the public are bankrupt in trust and support of commonality power, and the administration power does not have the ability to withstand risks any more till our party and country are conquered. Therefore, the study of the system of supervision and restriction of the administration power has quite important purport for realism necessary of pushing the polity system reform and constructing the " polity civilization".This article has four parts in total. The first part: Expounding and explaining tor theory of constituting the system of supervision and restriction of the administration power. Mainly starting from the attribute of the administration power itself, analyzing the rationality of outstretched administration power, the possibility of administration power judgment freedom alienation and the agility andbereavement of administration power, opening out that it will lead power to be exploited and out of control if the continuous outstretched and administration power alienation can not be restricted effectively. The second part: Discussing the cause of constituting the system of supervision and restriction of the administration power. Mainly analyzing the actuality of administration power in our country, discussing representation and cause that the supervision of power department is lack of rigidity, the supervision of judicature department has objection, the supervision of administration itself has no effect. The third party: The survey of conditions of constituting the system of supervision and restriction of the administration power. Mainly discussing and analyzing the internal and external conditions of constituting the system of supervision and restriction of the administration power are specific administration leading view and full equitable system of administration action criterion, and the administration personnel build up specific administration leading view and realize self-restriction, oblige the outside criterion system to exert its action, furthermore promoting the administration according to law and execution of the law fair and square, and discussing mainly that it is necessary to build up the views of " the law is supreme" and '' the procedure is legal". The forth part: The countermeasure design of constituting the system of supervision and restriction of the administration power. Mainly discussing how to build up the control system of the administration power and upgrade the supervision of administration power, therein, the mostly approaches of building up the control system of the administration power consist of constituting the system of reviewing and controlling for the abstract administration action, the procedure system of actual administration action and the punishment system of administration responsibility. And the mostly approaches of upgrading the supervision of administration power consist ofestablishing the obligation force of the supervision of power department, ensuring the independency of the judicature supervision and expanding the scope of the judicature checkup.For the composition feature of this article, it analyzes the problems comparatively en...