Research Restrictive System For Hong Kong ICAC Anti-Corruption

In the design of all government agencies, are inevitably involves questions about scope of administrative power Settings that, power is absolute or too strong that infringe on the rights of the people, or too weak that are unable to complete the task of administration. From ICAC in Hong Kong as the world-famous anti-corruption agencies, we can see that the proper institutional arrangement, the reasonable configuration of power has brought success and glory in its forty years history. But, following Hong Kong society evolves, the ICAC conservatively still maintained the original operation mechanism, it even went to the risk of power abusing, and this act made evaluation for the fall. Through the social change, constitutional order, common law system, lateral power restrict etc, this article show us the internal and external factors of success and plight. On the basis of political theory and jurisprudence theory, the article dialectically thinks the institutional arrangement of ICAC and its applicable condition. Try to explore the construction of clean government mechanism design method of universal sense. And It is our effort to find a way for ICAC in the future.From the two of independence of the ICAC and power restriction mechanism, this article analyzes advancement and advantages of the institutional arrangement, and then, analyzes the interaction relation between and among form of government, judicial system and ICAC institutional arrangement, especially focuses on the analysis negative evaluation from society for ICAC in recent years,, so as to find ICAC in the cause of the trouble under the new constitutional order. It is trying to give some schemes and suggestion for ICAC institutional arrangement.