| Power corrupts has been a long-standing problem. Until now,it is also the chief culprit of the disruption to the state power.Facing the complicated and diversified phenomenons and forms of the corruption in the modern era,the history teaches us that we have to always remember the destruction of the Party and national subjugation may caused by power corrupts.Currently,China is experiencing the crucial stage of social development and economic transformation,the stability and economic development is the premise of all actions of the state.From an objective point of view,although China has made some positive effect in high-pressured posture to anti-corruption, there are still many defects in legal construction of anti-corruption,and chief among them is that the corruption has not been deeply cognized.The traditional defective model of anti-corruption has been dependent on too much,and there is no legislative perfection at the same time.Therefore, when we are summarizing the staged achievement in anti-corruption,we have to realize the defects in legal construction of anti-corruption and the importance of seeking good ways with the concept of open eye shot.It is well known that the development paths of countries around the world are exactly alike sometimes.The jurists’ enlightment thoughts of anti-corruption triggered by power corruption during the social transformation in other countries will definitely have profound guiding significance for China’s current anti-corruption campaign.From the Renaissance to the Industrial Revolution,Europe underwent a great social transformation, it had been at the forefront of the envolution of advanced productive force and the new production relations since then. Social revolution continuously erupted at the same time, it had been generally accepted by law circles was that the most fundamental and widespread one of them was the French Revolution.During this special historical period, in order to find a solution to power corrupts, as an experienced judge who majored in law and philosophy, Tocqueville analyzed the amount of corruptions under the old system before the eruption of the French Revolution and vividly described his deep insights into some social problems including the corruptions triggered by the extravagant life style, the divesting of civil rights, and the decadent state power. Simultaneously, he was keenly aware of that the violence in the French Revolution didn’t tackle the nation’s corruption, on the contrary, it sharpened social contradictions and made the civil rights dead.Tocquevillie gradually developed his theory of anti-corruption after cognizing the achevements made by the French Revolution and the grave social harmfulness caused by the violence dialectically. He hoped to restrict power by protecting citizen’s political rights and freedom with law.As we all know, actions of decision, only with the scientific theory can we take the correct practice. Obviously, Tocquevillie’s anti-corruption theory is the golden key to open our mind.That’s because he developed the doctrine of civil rights from the passive contract spirit of natural law school to the active entrepreneurial and participating spirit of positivist school, made the anti-corruption from the national affairs to the public affairs, and extended the the anti-corruption model from single dependence on state organs to public participation as well.The unique anti-corruption theory has an important reference for the research we are conducting on how to struggle against corruption.At present, in China, anti-corruption has become the consensus of the whole society. However, it is a systematic engineering with long-term feature, which can not be completed by one generation but can be finished by legal system with binding force. So that, we have to establish a set of scientific, integrated national anti-corruption system and supporting system, which secures the rights of public participation into anti-corruption, from doing this. the citizens’rights and the state’s power will be combined together. Eradicating the growth of corruption lies in systematic means within the rule of law based on the legal thinking of restricting power and protect rights.This article the first part of Tocqueville to analysis the corruption phenomenon of France under the old system as the starting point, count France under the old system of power abuse, trade power and the cause of the French power corruption under the old system.The second part explores the anti-corruption thought of Tocqueville, especially for the rights of citizens to participate in the anti-corruption reinforcing the anti-corruption inevitability of state power and the citizen participation in anti-corruption and interpretation of its advantages, as well as Tocqueville why against to use of violent revolution to tackle corruption problems.Last part through to legal feasibility study of the civil rights can anti-corruption, and by France civil rights system practice of anti-corruption and the construction of our own anti-corruption system defects to rethink Tocqueville’s anti-corruption thought can give our what enlightenment on anti-corruption legal system construction in our country.and for establishment the new path of anti-corruption, thuspromote the Chinese anti-corruption in accordance with the "new normal" offer some Suggestions. |
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