On The Study Of Locke's Power-controlling Legal Thought

The sixteenth National congress has put forward explicitly a policy that the restriction and supervision over power should be strengthened,and considered our country should establish power operating mechanism which is reasonable-structured, scientific-deployment, close-procedureand reasonable-restrictoned But it is an unprecedented enterprise that theconstruct socialist legal state, perfect the restriction and supervision over country's public power, establish socialist political civilization, in the present age, we have the necessity to strengthen the sturdy of control of administration theory, induce drawing lessons from beneficial achievement of human polities and legal civilization, opening up and deigning our knowledge Locke's control of administration theory is the foundation of western theories of rule of law out of lusting, in the modern and contemporary time, as well as the basis of modern west to build legal abate or government. So the study about Locke's legal theory especially his control of administration theory in terms of jurisprudence, has reference significance for our political structural reforms and the construction of democracy and legality.It, in theory field, commonly is considered that Locke' has putforward control of administration theory, the thought of resistance ofpeople and congress's sovereignty In author's opinion, these mainprinciples are right, but it can't reflect and point out the characteristic ofLocke's political and legal thoughts completely. The author thinks thecontrol of administration theory run through Lock's political and legalthinking system, The control of administration theory, which individualrights is standard, safeguarding individual property is object, executingdemocracy of representative system is foundation, decentralization andchecks and balances are means, is not only the main content of Locke'spolitical and legal thought, but also a valuable treasure contributed to human political and legal thought. On the foundation, the author, considers the emphasis of Locke's control of administration theory is no longer the human being, but the state or government and its power; the final purpose of control does not lie in preventing the rulers' vicious, but supervising the government ensure citizens' freedom and rights. Therefore, Locke's control of administration theory is not a ethic requirement to some one any longer, but a common principles to government and its power.Locke's control of administration has some ideal factors becomes of the limitation of history and class. We should abandon the waste nattier, and inherit, develop the reasonable factors.