On Constitutional Control Of Public Social Power

As the product of power multiplying and country socializing, public social power originates from the society. People give their rights to the organization which has the right of public social power. During the process of manipulating, public social power take members'rights as their project and conform with the principal of autonomy and controlling. Public power play a intermediate role between the country and society, government and market. In the modern political states, basic-level mass organization of autonomy, profession association, bar association, Consumer Association, political party, Political Consultative Conference are the main bodies of public social power. Nowadays using the market and society's strength to implement public management is the irreversible development tendency in the world. Along with the versatile government's disintegration and the enhancing demands of social autonomous, the phenomenon of social organization exercising the public authority will be common day by day. In the face of public social power's sudden appearance, the legislation, administrative and judicial organ which are the owner of traditional public powers will confront with it objectively and inevitably, they conflict with each other and even "snatches the booth". But the constitutional government pursues harmony naturally, rectifying the disorder of power is the basic mission of constitutional government. At the same time, only the constitutional law can make reasonable arrangement for the public social society on topmost surface and ultimate significance.In this article, we take the"rule by constitution is the essence of rule by law, and constitutional litigation is the key to rule by constitution"as the tool of analyzing, examining the public social power's shortcomings from macroscopic angle and using constitutional litigation to correct the faults from microscopic views. The full text is divided into three chapters. The First chapter: Understanding social public power from the law theory. Including the connotation of power, public power and social public power, the features of public social power: notational, contract, autonomy, be ruling and intermediary, the value of public social power: democratic political, authority restriction and filling. The second chapter: The mechanism of constitutional public social power control. Including the shortages of ruling of soft law which is the inside controlling system and correcting by administrative litigation which is the outside controlling method, and then selecting the constitutional litigation as the best way. The third chapter: The constitutional procedure system of public social power control. Mainly take the constitutional litigation as the procedure backing, analyzing the principal of constitutional control on public social power, such as public social behavior, powers respecting each other, social interest and due procedure. In the last, telling the bear of constitutional responsibility.