The Realization Of The Legitimacy Of Executive Power

In recent years, as in China social transformation is speeding up, urban and rural Ⅱ Yuan structure is shocking violently, people rights consciousness is awakening, government service consciousness is changing while with mechanism system and official personnel thought consciousness is lagging relatively, and government institutions is reforming, which making rights and power of conflict and collision has never been no like today such strongly had, therefore research the realization of the legitimacy of executive power in today seems especially important. For protecting the human rights and setting norms for the exercise of government power exist theoretical meaning, also has practical needs. As the realization of the legitimacy of executive powers related to the protection of the rights of the interested person and to restricting the powers of the government, the popular sovereignty theory and the theory of social contract require it, the administrative rule of law, the rule of law also need it, in order to guarantee everyone a dignified life of purpose can come true. This article begin with general theory of the legitimacy of the administrative power, take executive power of legitimate research as basis points, discusses the inherent requirements and external conditions needed to achieving legitimacy of executive power.The article is divided into three parts:the first is the general theory of the realization of the legitimacy of executive power. Author proceeds with the legitimacy of executive power, the legitimacy of administrative power means people based on certain values on the positive assessment made by the executive power, and provide the authority of the executive power with a rational proof of value, and the purpose of value and utility of the value for the path to be analysed. Distinguished between the executive power on the basis of relationship between legitimacy and legality, constitutionality, introduced the study on the theoretical basis of legitimacy on administrative power in China, which elaborated on the connotation and function of executive power of the legitimacy of the realization.The second part is the inherent requirement of the realization of the legitimacy of executive power. Author separately from the legitimacy of the source of executive power, legitimacy of the content, programs and legitimacy of the relief start with, explaining how to satisfy the inherent requirement of the legitimacy of the realization of executive powerThe third part is the realization of the legitimacy of the executive power external conditions. Author put forward that the realization of the legitimacy of executive power needs democratic base, and separately from the entities democracy and procedural democracy under the theory of popular sovereignty angle start to interpreting how a democracy form consist of the realization of the legitimacy of executive power of the democratic base. At the same time also put forward the constitutionalism safeguards of the realization of the legitimacy of executive power, beginning with the "powers restricting powers", from the principles of limited government, the separation of powers principle, the principle of the rule of law and natural rights theory perspective on the realization of the legitimacy of administrative power to permit, describing how the constitutionalism make up the realization of the legitimacy of the executive power of protection. Also put out that the executive power of the proper implementation of the specific path, respectively from the legislative, executive and administrative law enforcement point of interpretation of administrative remedy.The realization of the legitimacy of executive power can’t achieve overnight, which needs our sustained attention and discussion. We believe that in our common efforts, the state ruled by law and the construction of harmonious society will become real.