Judicial Rules Of Public Power Study

The public law is the law to regulate powers and power is a basic category of the public law. Power includes national power, social power and international power. To regulate powers is the main theme of the public law. Therefore, to regulate social powers is indispensable in the regulation of powers.Social power is a capability, by which human community can, for the sake of producing, distributing and supplying public goods such as security, order and communication, exert expectative influence on the members inside as well as outside of the community. The capability can be to organize, to command or to manage as well as to draft general rules and to execute them.The regulation of social powers is a systematical subjection. In the systematical subjection, the judicial regulation is the most authoritative and final. Judicial regulation of social powers can, in brief, be named Social Power Litigation, of whose essence is, by the means of judicature, to regulate the operation of social powers and to settle the disputation brought forth during the operation between the social power subjects and the private parties.Social Power Litigation regulates the social power through the regulation of social power's action. Social power's action is the operation of the social power. Specifically speaking, social power's action is the law action that the social power subjects make together with the private parties through the social power. Social power's action can be divided into the following 4 kinds according to different standards: 1. Authorized action and unauthorized action; 2.General action and Specific action; 3.Internal action and external action; 4. Legislation-like action, administration-like action and judicature-like action.There are many problems, in many aspects even blanks, in the Social Power Litigation. To put it briefly, all the problems in the Social Power Litigation can be summarized into the following two questions: Why the judicial regulation of social...