Analysis On Restricting Mechanism Of Township Government's Power In China

At present , the countryside has already entered in to the period of"the postagricultural taxationtime"and"the industry returning to help the agriculture , the city sup porting the countryside". The 5th session of the 16th National Congress of the CPC has set the construction of socialist new countryside an important historical task in the course of our modernization building. Reform of township government must accentuates the quality of "marching with the times ". Contemporary government's reform ,must make up from the structure,functions and operation of power three parts, which value the operation of power as structure and functions.Administrative autonomy phenomenon appears in both power system in the actual operation process, and the solution of this problem lies in limiting administrative power, the power to combat alienation. Restricting power theory, the effective way to prevent alienation is that various forms can be used to control and supervise the administrative power. Accordingly, based on the exploration of the theory of power constraints in the township government; and through the analysis on the township government control mechanism reality; the township government's inefficient power control mechanism is the root causes of alienation. Therefore, we should improve the power to the mechanism of restraint of the township government in future.This paper is divided into four parts:Part I: Constraints on the power of the meaning and basic idea of Theory is the theoretical foundation and logical starting point to research township. Restricting power is a specific power relations built up consciously for human society, based on the power characteristics of human nature and a profound insight into the human nature. Specifically, it is human society through various ways and means to restrict the behavior of the main players'power, so that the exercise of powers would in line with the objective of human society. The theory of restrictions on power has the basic ideas: Power t constraints power; Social constraints power; Moral constraints power; Legal constraints power.Right constraints power.Part II: On the basis of theoretical Study, against the power characteristics the township government, to design an ideal model of power controls mechanism. In China's administrative supervision system, the power restraint mechanism of the township government can be divided into:Firstly, Power of a self-regulatory mechanism, Refer to a control mechanism which the executive as its main oversight of the administrative system and their staff within the public administrative organs in accordance with the law and the law oversight. Including the township government in accordance with the law and moral self-discipline actors.Secondly, Checks and balances mechanism is not only refer to the use of executive power in a country other than the power to supervise the executive power. As the oversight and supervision of the main targets separated, thus such restricting manner has a high degree of independence. Most of the power constraints inherent mechanism requirements. It mainly includes a legislature, the people's congress and the judiciary as the people's courts and people's procuratorates. Moreover, the political parties'supervision of the executive powers constitutes a special oversight mechanisms part.Finally, Social supervision mechanism is the people's supervision, referring to various social organizations, grassroots autonomous organizations, and individual citizens to the executive branch and law-abiding civil servants and law enforcement supervision. The supervision of the people is the essence of socialism, and it is also the base of the country's entire oversight system. At present, the monitor right to the township government includes: village-level monitoring and supervision of the villagers.Part III: Describe a real picture of the township government power restraint. Through the analysis to the mechanism of checks and balances of power operation, we found that the power control mechanism is inefficient, specific features lie in the following:Firstly, power self-regulatory mechanism is not sound. On one hand, as the main executive power of township government, they have lower quality, and lack moral self-discipline. On the other hand, the township government has few legal resources and many administration difficulties. Secondly, a mere formality mechanism of checks and balances .Township-level people's congresses of the township government's financial dependence makes it lost its independence. Similarly, the judiciary has the same issues of dependence on financial and the setting up of institutions only has one vowel.Finally, social supervision mechanism invalid. First, the reason that the villagers'weak concept of the rule of law, and inaccurate of the interests'expression leads to a limited democratic supervision and also a limitation on their own interests unprotected. Second, as the villager autonomy system in the villages of vaguely defined, so that the township government has enormous discretion space, and with the pressure that the pressurized system gives to the township government, leading to an administrative trends to the villager autonomy, village-level awkward situation.Part IV: Study on the measures to sound power restraint. To achieve the power of the township government control mechanism:Firstly, improve power in a self-regulatory mechanism, the government should strengthen the rule of law; improve the law and morality quality of the township government civil service.Secondly, the perfect mechanism of checks and balances should ensure that the people's congresses and the financial independence of the courts. Finally, improving the social supervision mechanism, the villagers should strengthen the democratic awareness of the law, to achieve positive political participation.In addition, attention to the organic integrationAccording to the analysis above, the main source of village governance executive powers alienated includes the following aspects: First, civil society is stunted, and this is the important reasons why the township government powers alienated. Compared with China's more than 2,000 years of feudal autocratic tradition, the China's reform and opening up 20 years were not enough to produce effective control of state power in the society. State and social forces imbalance: on one hand, it contributes to the government's abuse of power and administrative law; on the other hand, it makes the citizens, society unable to participate in the effective supervision and management; it is difficult to constraint the executive power effectively. Second, the structure of state power imbalance between township governments is the main reason for alienation of power. Administrative power has become the de facto power center: economic development-oriented administrative functions and expansion; pressure system township government primary characteristics of the executive power sink. In contrast to this, the judiciary in the rural community of township is weak, and the rural legislature dependant on the executive branch. Third, the rural community has arduous task of building the rule of law is the root causes of government power's alienation. Because the law was authoritative, universal, mandatory and stability, thus through the development of strict legal rules, political power can comply with the established rules, to operate in the provisions of the law within the framework, so as to achieve an effective control power. It can be said that the power of the fundamental constraints lie in the rule of law. The missing on rural community legal resources makes the township government power operation out of order. Fourth, high-quality civil service administrative resources shortage of the township government is the objective reason of the power alienation.The innovation report is to check and balance of powers rationale for the research perspective on rural governance, it believes that China's rural political existence of a paradox : While contemporary Chinese village did not have to expand the social basis of autonomy; The other hand, rural community of administrative power is the lack of Constraints .But improving rural grassroots government's power and control mechanisms to strengthen the rule of law and foster rural civil society, and all that should be part of the intention which the next political reform would include.