A Study On Restriction Of Public Power And Realization Of Public Responsibility

Imposed on the public affairs and public sectors by the public administrative substantiality through its public power, the public administration is a kind of social action that deals the public problem, protect and realize the public interest. The public power is the foundation of public administration which process is also the process of the implementation of public power. But how to assure the good implementation of public power, so we can provide the public goods effectively and realize the pursuit of public interest? This paper will probe into this question from the public responsibility angle.Firstly, the concept of public power is analyzed. It is pointed out that the public power is a kind of special authoritative power, based on the recognition or agreement from the members in some social entity, for dominating, controlling, and affecting this public social entity in order to administrate public affairs, protect social order. By nature, public is the headspring of public power that is produced to protect social order and assure social public interest. It is the base of the public administration.Although the public power is from social members, and ii is public, in actual political life it is endowed to special class, group, and individual. It is argued that this speciality of public power is originate from the separation of its owners(people) and executors(class, group, and individual). Namely, the so-called speciality means that the substantiality utilizing the public power is only a part of the public, the members of it not only have different interest of their own, but also express different interest of their group or class. So when they constitute and implement public policy, they put into their own value judgments which differ from the whole society's. Some one even take this advantage to get their own interest. So, how to keep the pubic character of public power, overcome the speciality, make the public power serve public interest? We will find that the construction of public responsibility will provide a way to resolve the problem.The empowering necessarily goes with the responsibility, so the power could not exist without the responsibility. As the carrier of the public power, the public sectors must assume responsibility corresponding with the public power. It is indicated that decided by the quality of the public power, the responsibility is a kind of public responsibility which is assumed by the public sector in the process of public administration. Also, it is the responsibility, obligation, and result, which the public administration substantiality should performance and assume in the process of public administration. The public interest is the terminal standard of the public responsibility, in other words, the criterion of the deed of both the whole public sector and of the members in it, is decided by that whether it is fit for the public interest. The public responsibility is the premise of the realization of public interest.Then, how to fulfill the public responsibility? It is interpret in this paper, the restriction on public power is the basis of implementing the public responsibility, which is nothing without restriction. The restriction is the prerequisite of the fulfillment of the responsibility, whose process is the process of fulfillment of the public responsibility. Four restriction patterns have been analyzed, they are restricting power by power, restricting power by ethic, restricting power by right, and restricting power by society. It is argued that only by exerting the four patterns synthetically, the public power can be restricted effectively.As for the restriction of public power in our country, this paper discusses it by integrating these patterns. As for the first pattern, that the election system and the system for People's Congress should be accomplished gradually is presented; as for the second pattern. It is interpret that we should strengthen the construction of moral system and legal moral; as for the third pattern, it is proposed that we sho...