The Thinking Of Building Up Power Supervision & Restriction Mechanism Which Have The Chinese Special Features Under The New Situation

Our country is facing the arduous development task and the complicated development environment at present. Because of obvious blemish to the power supervision and restriction mechanism, our country exist the supervisory vacuum of the power, supervisory effect can't fulfill the people's satisfactory, it is apt to present the decision fault and cause a lot of serious bureaucracy and malfeasance corruption in practice, the efficiency of political and administrative management is not high, therefore it is necessary to use the political experience of the developed country for reference rationally and set up a set of scientific mechanism of the supervision and restriction of the power with Chinese characteristics through the reform of the leadership system of the party and national political system.The author thinks the supervision and restriction mechanism of the power with Chinese characteristics should include mainly: (1) Adhere to the leadership of the Chinese Communist Party and socialist system, insist on the social idea of development that the socialism and humanism run side by side, insist on scientific development view on "people first, overall, coordinate and sustainable"; (2) Establish the correct power view and the human nature view of management. (3)Realize the work division of the party and the political power organization of country reasonably, improve socialist democracy and rule by law, support national organizations to carry on their work independently in accordance with the law; (4)The party in power maintains close ties with the masses, hold the national conditions and the will of the people correctly, confirm correct route, policy, and ideology assertion, expand mass foundation constantly, improve the political quality and idealistic character of party members and cadres, keep the advance of the party, strengthen inner-party democracy, strengthen the supervisory ability of the discipline inspection department, avoid the vacuum of supervision, the party in power accepts supervision outside the partly consciously; (5)Implement the essential division of labor, especially improve the position and authoritativeness of the power organization and judicial authority, strengthen their supervisory ability; (6)Implement general election system, competitive election system, electoral system of difference in amount, systemin term of office, and system of full-time represents; (7)Chairperson ofStanding Committee of the National People's Congress and director ofstanding committee of local people's congress are nominated to be elected bydifference by the party in power, vice chairman and director are consultedwith other democratic parties and political organizations to nominate ornominated independently by the party in power, democratic parties or thepolitical organizations, and elected by difference, make the National People'sCongress have legislative power , power to make decision, right of thebudget , audit authority to supervise , review power , hearing power ,independent investigating power , inquiring power , power to impeach andpower of recall etc. and guarantee in measure means; (8)Government's leaderis nominated by the party in power and elected in difference; by consultingwith other democratic parties or political organizations by the party inpower, other members of the government are nominated by the government'sleader and decided to appoint by the people's congress, make sure that thetask of vice leaders of the government is to help the principal leader tocarry on the work, but not to pin down the principal leader, vice leaders ofthe government must accepted the division of labor confirmed by theprincipal leader; (9)The judicial authority budgets for independently,implement the system of public trial besides involving state secret, businesssecret and individual privacy and people's assessor's system, the judge isnominated by the judicial administrative organ and appointed by the NationalPeople's Congress through public examination, implement permanent systemfor judge, judges handle cases independently, any individual or theorganization all have no right to interfere the judge's concrete behavior ofhandling cases, unless through the procedure of retiring, impeaching or firingin accordance with the law, any individual or organization has no right toremove judges from office; (10)Adhering to the absolute leadership of theparty over the army, the military judicial authority has the jurisdiction toinvestigate and try the military organ and personnel, the legislature has thejurisdiction of investigation, hearing, inquires, impeaches and firing to it,avoid the vacuum of supervision ; (ll)restrict the examining and approvingrange strictly, expand the range of record by the government, expand thefields and range of market competition and, reduce the range of powerintervening, reduce the degree of intervening; (12)Set up the mechanism toexamine the violation of the abstract administrative behavior; (13)A11national organization should make government affairs public; (14)Set up theright security mechanism of social subject and the relieving mechanism forall the infringed, make sure that all kinds of social subjects can be aware oftheir own social position and mutual relation between rights and obligations;(15)set up the mechanism which can select cadres publicly, equally,competitively and superiorly, set up the mechanism that leading cadres cantake the blame and resign, set up the system that civil servants must reporttheir jobs, implement the system in which the civil servants of governmentaffairs and business civil servants are classified and managed, implement thepermanent system to the business civil servants, change the senior leadingcadres' practical lifelong system, change the situation that leading cadrescan have but can't leave, can enter but can't descend completely; (16)perfectthe political participation mechanism and the policy hearing mechanism;(17)Set up the declaring mechanism of civil servants' individual and theirfamily's property especially leading cadres, set up the systems of depositing,investing and transferring of property with real name, perfect the behavioralnorm of civil servants, encourage supervising in accordance with the law, andpunish those who attack or retaliate against the supervisory behavior inaccordance with the law sternly ; (18)Improve the authoritativeness,independence and supervisory ability of various kinds of special supervisoryorgans, dispel its worry in such aspects as finance and personnel etc., realizethe division of labor and cooperation between discipline inspectiondepartment, administrative supervisory department and judicial authority,make them carry on their work separately, improve the supervisory validity;(19)Ensure the supervision rights and ability of the news media, on thepremise of adhering to correct direction of public opinion, bring into play thefunction of the tool of public opinion of the news media, and punish thosewho interfere media supervision, attack or retaliate against the supervisorybehavior in accordance with the law sternly through the judicial oradministrative way; (20)Under the prerequisite of adhering to the leadship ofthe party and socialist system , allow to form associations and implement record system, ban the illegal organizations firmly, ensure the freedom of the press and speeches, on the premise of not hindering the national organs from working normally and keeping the essential civil order normally , ensure the freedom of citizens' meeting , forming of associations , parading and demonstrating; (21)Quicken the development of economy and the society, expand social employment, perfect social security mechanism, strengthen ecology and environmental protection , improve the people's living standard and life quality constantly, strengthen the guarantee to the right, suppress bureaucracy, malfeasance and corruption effectively, improve administrative efficiency; (22)strengthen politics socializing, national conditions, national situation and patriotism education, especially essential to teenagers.The reason for forming above-mentioned conclusions mainly lies in: (l)power supervision and restriction is a problem of any social shape , any social system to be solved, it is a universal question, at primary stage of socialism, our country certainly can't make an exception either; (2)From the point of human nature, everybody's behavior starting point is to realize the maximization of his own utility, the reason of the existence of behavior favorable to others is just that personal value pursuing or realm of life is higher than the ordinary person, is the rational development and range expandedness of animal's natural instinct of "good to inside and evil to outside", it still belongs to the maximization category of personal utility, it is not contradictory with people's egoistic natural instinct, if we don't supervise and restrict the power, the power will be abused ; (3)owing to the high dependence with interests, natural expansion and natural unsymmetry with social right, it is determined that people need to carry on the supervision and restriction to public power; (4)owing to the affinity to the people of the socialist state power, it is determined that the people need to carry on the supervision and restriction to public power which comes from it's own private right; (5)the modem management principle of the separation of decision-making, execution and supervision is not merely suitable for the general social organizations, but also for the state power construction, otherwise, it is extremely apt to form the autocracy and corruption; (6)the...