Research On The System Of Power Restricting Under Constitutionalism Context

How to supervise and restrict power effectively is a core problem of the modern democratic politics.The development of human political civilization history proves, in any social shape, the composition of the political power plays an important role in the construction of state power. It is a subject for a long tim and should be solved urgently by the ambitious politican that how to tighten the restraint on and supervision over the use of power ,so that power will not be abused or used to seek personal gain,which also paid attention by constitution scholar at all times and in all lands all around the world. More than 2,000 years feudal history and the various reasons after new China established, which causes the traditional system of centralization of state power to be extended largely, and then brought the calamitous political campaign—Culture Revolution. This paper attempts to focus on several famous social campaign of modern China as the breakthrough point, explain the conception and function of constitutionalism, so as to explain new period how to set up power restriction system under the constitutionalism context.Constitution of the People's Republic of China, Article2:"All power in the People's Republic of China belongs to the people."Since all power belongs to the people, therefore, ownership of power must exclude individual power of monopolizing to the purpose of seeking private gains. Only power is really grasped in the hands of people, the so-called "people, by the people, for the people",implement democracy, the rule of law and constitutional government on the basis of people's sovereignty, in order to restrict power with power, the right restricts power, resist the power of restricting; and then realize omni-directional restriction to all power, thus "put ruler into the cage", so that power may not become a tool to seek private interests by few people. The paper holds that nowadays China should promote the transition of political structure reform to constitutional government as soon as possible, implement power restrict under the constitutionalism context, curb the trend of high incidence of corruption, in order to ensure state power operation in the proper way.This paper is divided into four parts. Part one, the forming of the constitutionalism context. Simplify speaking, constitutionalism is called "political constitution" in short. The constitutionalism should make sure to ensure civil right, limited government and the rule by law at least. Adopt the introspection of the rule by law crisis to China for a century and analysis of contemporary China's political structure reform , prove that ,under the globalization context in 21st century, the Chinese constitutionalism context has already taken shape. Part two, the basis of power testicles under constitutionalism context. Through analyzing the opposite and uniformity relation of civil rights and state power, explain the legal principle, power restricts system, in the constitutionalism context. The state power originates from civil right, and unify, come back in civil right finally. The state power against the civil rights is the alienation of the state power. Part three, the basic thinking of restraint on power under the constitutionalism context. First, the necessity of building power restraint mechanism under the constitutionalism context; Second, the basic way to restrict power: the key is to build checking and balancing mechanism; the approaching is by the supervising of the public opinion; the purpose is to protect civil right. The principle of due process should be followed during the whole supervising. Part four, the conclusion.