Reflection On Reforming And Perfecting The Power Restriction And Supervision System Of Our Country

In 2002, the 16th congress report of Chinese Communist Party expounded politic construction and reforming politic system, "strengthen the restriction and supervision of the power" was discussed especially in an independent paragraph. It is the first time that our Party put forward advance explicitly and publicly "enhance the restriction and supervision of the power" in our Party's representative congress. That the power needs restriction and supervision isn't the patent of capitalism, but is an objective political law .The restriction and supervision for power didn't grow out of the capitalism times and didn't have an only form of the separation of three powers, which is the common achievement of human's political culture.The socialist country also request restricting and supervising the national power. The characteristic included corruption of power and the tendency of self-expansion power decide that the power request restriction and supervision. Restricting and supervising the power is the need of socialist market economy and international economy and is the request of socialist political culture construction and legal system construction and socialist advance political culture cleaning the remnants corrode feudal political culture, which is also the evil consequence of ancient Chinese infinite monarchical power and the warning of the soviet union eliminating counterrevolutionaries movement, and the damage of without restriction and supervision for power during the period of "culture revolution" which is the inevitable conclusion summarized the damage of without restriction and supervision for power in history.Our country has built preliminarily socialist law supervision system , the supervising system of the Party in power with single characteristic, the system of power organizations restricting and supervising national organizations and the system of restriction and supervision about judicial organ, the inner restrictionand supervision system , developing the system of extensive social supervision included people individual supervision, social group supervision , news supervision and so on . The traits of the restriction and supervision system of national power in our country now: the diversify of the main body of supervision, the extension of supervision content, the unity of supervision. The defect of national power restriction and supervision system include inner supervision of the Party need to be strengthened and the supervision of power organizations need to be enhanced, under the dual leader system, the structure of full-time supervision lack of essential operating independence and the degree of legal system is low and the supervision elasticity is high .The procedure of power short of standard and transparency.The path choice of reforming the national power restriction and supervision system of our country mainly include: optimizing the inner supervision system of the Party , reforming the system of the Party's discipline inspection, building and enhancing the system of making an inspection tour, perfecting various inner democratic system of the Party, amplifying the system of report and circular on the important situation. Enhancing the mechanism of power restricting power, improving vertical power restriction and supervision system, enhancing horizontal power restriction and supervision, reforming power process and strengthening its restriction and supervision, perfecting the mechanism of power restricting power, restricting indirectly national power by guaranteeing citizen's freedom right and property right, electoral right, participation right .association right, knowing right, accusation right and so on. Enhancing the mechanism of law restriction power, drawing up the program law and statutes of administrative supervision and punishing power corruption, drafting the law of the Party and of government's leader and cadres select and appoint procedure, and the law of ensuring citizen's knowing right.