The Study Of The Supervision Mechanism To Public Power In The Chinese Context

At present, China is in a critical period of reform and development, and it isparticularly important and urgent to strengthen the power supervision to ensure thatpower is exercised properly. The communique of the second plenum of the18thCentral Commission for Discipline Inspection pointed out,“to adhere to punish andprevent corruption both hands, and to comprehensively promote the construction ofcorruption punishment and prevention system, to put efforts to prevent corruption,and to strengthen the construction of anti-corruption education and honest culture, tostrengthen the supervision of the exercise of power, to do the research andimplementation of innovative institutional mechanisms for the system, and to promotethe construction of anti-corruption laws and regulations.” Corruption of power ismainly due to the lack of effective supervision of public power, and the core of theanti-corruption issues is to strengthen the effective supervision of public power. Howto establish effective public power supervision mechanism against corruption is amajor practical issue needs to be resolved, and also a major theoretical issue for thetheory field. Especially after the third Plenary Session of the18th Party’s Congress, anew deployment has been made for the norms and supervisions on the public power.Further anti-corruption efforts to supervise public power reflects the resolutelydetermination of the central government to curb corruption and supervise publicpower. The key to supervise public power is to further improve our existing publicpower supervision mechanism and its effectiveness. On how to perfect the publicpower supervision mechanism, scholars have made studies from different angles andhave obtained fruitful results being a great guidance in reality. But these results arefragmented, lacking of comprehensive research. The problem of establishing andperfecting the public power supervision mechanism should be viewed on the height ofperfecting the socialist system with Chinese characteristics, and promoting themodernization of the national governance system and governance capability.Promoting the modernization of the national governance system and management is the general goal of all-round deepening reform in our country. On deepening thereform and advancing the socialist modernization construction, we are facing thefollowing important tasks, such as the scientific allocation of public power, theeffectively supervision of the operation of public power, how to put the power in thecage of regulation and make it in the sunshine operation. Through the research, toestablish and perfect our country’s public power supervision mechanism, improve theeffectiveness of public power supervision mechanism.This paper elaborates current situation and existing problems of public powersupervision mechanism as a whole, and analyzes the reasons for the existing problems,then focuses on the perfection and the effectiveness of our public power supervisionmechanism under the guidance of the spirit of the18th Party Congress. This paper hasthree parts. The first part makes a basic explanation on the theory of power and publicpower and public power’s characteristics;Analysis the thoughts on public power ofMarxist classical writer and socialist countries; Summarize the essence of thethoughts on public power of Chinese Communist Party collective leadershipgenerations. The second part elaborates the public power supervision mechanismunder Chinese context and the problem of the public power supervision mechanism inChina. Firdly, Inner-Party Supervision,Supervision by the Chinese People’s Congress,Judicial Supervision, Democratic Supervision, Supervision by the public opinionconstitute the existing supervision mechanisms under Chinese context. Secondly, itanalysis the problems of the existing supervision mechanisms during operation, suchas Inner-Party lacks effective Supervision; to some extent, supervision by the ChinesePeoples’ Supervision is a mere formality; Democratic Supervision is not properlyimplemented; Ethics Supervision also is not implemented; to some extent,Supervision by the public opinions exist the limitations. Finally, it analyzes the causeof the problem in our public power supervision mechanism, namely the excessiveconcentration of power and the less transparent operation; the lack of clear legalprovisions for the supervision of civil rights; the imperfection of moral supervisionmechanism of public power and the imperfection of law supervision mechanism ofthe public power; as a whole atmosphere, the supervision of public power is not concentrated in society. on the basis of analyzing the existing problems and theircauses of our country’s public power supervision mechanism, guided by the spirit ofthe18th Party’s Congress and its third Plenary Session, according to the actualsituation of the public power’s operation, it makes a point to perfect the supervisionmechanism of Chinese public power and improve the effectiveness of the publicpower supervision. This part is the key of the paper. First, it introduces the overallthinking and the latest deployment on anti-corruption and norms of public poweroperation of the18th Party’s Congress and its third Plenary Session. Second, itanalysis the deep discussion that “power should be contained within a cage ofregulation” made by the General Secretary XiJinping on the public power restrictions.Finally, under the guidance of the spirit of the18th Party’s Congress and its thirdPlenary Session, and combining with China’s reality, specific recommendations areput forward on the perfection and effectiveness of the public power supervisionmechanism, namely scientific allocation of power to form a rational division of laborand mutual supervision, optimal operation allocation of administrative power toperfect power operation rules, improvement of the citizen’s right consciousness tosupervise the public power, establishment of scientific and effective law systems andmechanisms to strengthen public officials moral self-discipline and to form theinternal supervision of public power.