Opinion Towards Separation Of Powers Under The United States Constitution

By inspecting the connotation, cause and influences of American power separation system, we get to draw the conclusion that the power separation system is the typical American political, economical, historical and cultural production, and is the democratic politics governed by the capitalist class.China has the unique national conditions and thus can not copy the American political model blindly. However, we can still draw lessons from the constitutional thoughts reflected by the American system, which has embodied the political civilization harvest of human beings by the principle of constitutional supremacy, power restriction, popular sovereignty and basic human rights. We should combine with the Chinese reality and keep an open mind to share the political civilization fruit of human beings and improve the socialist legal system. The American power system has significant influence on the development of the world constitutionalism, which has formed the western constitutional center with America as the leader. Every coin has two sides. By looking through American midterm election in 2010, we can analyze the natural insufficiency of the system and try to demonstrate the following points:the limitation of democratic politics decides the form of democracy overweighs the substance; disputes between two parties and the internal restriction caused by power restriction results in the obvious deficiency of emergency function; money politics tends to breed power misuses and power-money deals. By analyzing the advantages and disadvantages of the American power separation systems, and combining with the huge success over the 30 years of the Chinese reforming and opening policy, we have been enlightened how to build the socialism with Chinese characteristics. We should stick to the party leadership and the system of people's congress, which is the main leadership to build the Chinese socialism and the institutional guarantee of maintaining the popular sovereignty. Improving the socialist legal system with Chinese characteristics is the legal insurance to build the legal system of socialism with Chinese characteristics. These are the successful experience proved by practice and should be stick to in a long term. In the reality, we should draw lessons from the constitutional thoughts of the power separation system, safeguard the authority of constitution, maintain constitutional supremacy, strengthen to monitor the administrational powers, respect and protect human rights, and highlight the personal property right.Meanwhile, we should draw lessons from their advanced constitutional thoughts, promote the development of social legal system, maintain the constitutional sovereignty, strengthen to monitor power usage, improve the electoral system and operating mechanism of the system of people's congress, promote the development of the socialist legal system with Chinese characteristics, explore and accumulate the new fruits of political civilization fruits.