The Restriction By The Law To Individual Exercising Public Power

Power has constraining force, ascendant, controlling force, influence, intervening or transforming others' ability, and it itself is a kind of resource. Speaking from the origin, public power stems from the people. The restriction to individual exercising public power comes from the demands of three respects——the demands of human nature, the demands of power nature and the demands of public power operating. And we carry on the restriction by the law to individual exercising public power, just because of that the restriction by the law is a preferable method to restrict. If we want to extricate oneself from the predicament which we faced in the restriction by the law to individual exercising public power, we must solve the problems of two respects. The problems in one respect are faced by the inherent environment which composed by the system of individual exercising public power which restricted by the law —— the profound difficult problems the power structure and power operating faced, and the problems can be solved through perfecting system design. The problems in another are faced by the external environment in which is the system of individual exercising public power which restricted by the law —— the deficiency of legal faith in traditional culture and weakness of the idea governed by law in present social life, and the problems can be solved through realizing that the system and cultural environment mutually promote. We regard the power structure with parallel powers holding in play each other as the background and regard rules as the criterions, follow appropriate procedure and clear entity rule, regard a formalized and impersonalized spirit as guidance one, that is to say , regard form reason or the form justice as the value orientation. On the form of value, we regard Max Webber's legal principle type ruling as a goal mode of the value. In the realizing way, through the route of system design, we set up the power structure with parallel powers holding in play each other, and control the operating of power with the procedure. And we regard these as the realistic way to realize the goal mode. To restrict individual exercising public power does not have a good recipe to "guarantee to cure all the diseases ". To reach the set goal, the only way is "working along multi lines ".