Executive Power Run Mechanism

This essay discusses the operation process of the administrative power from the relationship it has between the mode of the theoretical basis of the administrative power and the mode of the rule of law point of view. By analyzing the history of the rule of law in both China and western countries the author draws a conclusion that the mutual action between the civil society and the political country leads to the development of the operation process of the administrative power. For the relationship between the civil society and the political country means the relationship between the right and power in the fields of law. Just because the western countries show a deep affection toward the right of the civilians that they set up a special mode of the theoretical basis of the administrative power which we used to call it power control theory. And also they found a kind of pure control process in the operation of the administrative power. While owing to the right control theory established by our country we had also set up a kind of pure control process in the operation of the administrative power, which is rather different from the one in the western countries. The former emphasize the control of the administrative power from the civilians point of view while the later emphasize the control of the right of the civilians from the government point of view. The author thinks that both of the two have their own historical background, and also fit for special mode of the rule of law by further study. And both of them do not fit the reformation in the governmental and economic field. So the author thinks that the theoretical basis of the administrative power should be the power control-balance theory, and therefore the operation process of theadministrative power should be the legal control and guide process. And then the author analyzes the possibility and the rationality of this kind of process.