The Theory Of American Political System Limited Privilege Mechanism And Enlightenment

Privilege is always closely correlated with corruption. In view of this, anti-privilege is a requirement of anti-corruption. Anti-privilege plays an essential role in the maintenance of close ties with the masses as well as the consolidation of party’s ruling foundation. The unwarrantable privilege usually has great adverse impacts as it not only hinders the achievement of the idea that “all men are created equally” but also fails to put powers under restrictions and supervision. As we all know, America is the most developed country all over the world. The initial design and the continuous evolution of constitutional polity of America both follow principles of checks and balances and rule of law and employ rule of law to restrict or supervise power operation effectively, especially for those unwarrantable privileges. On basis of this, this dissertation uses document analysis method and empirical analysis method to make a deep research on the limited privilege mechanism in American governmental system.This article mainly consists of introduction, three chapters and epilogue. It not only analyzes the theoretical foundation of American limited privilege and the mechanism of restricted privilege in American political institution, but also attempts to explore the enlightenment from the experience of American limited privilege. The first part of this dissertation primarily expounds some important concepts related to this article and guiding ideology of American limited privilege: they are “theory of natural rights”, “theory of people’s sovereign”, “theory of the balance of powers” and “theory of law supremacy” respectively. The second part elaborates and analyzes the three mechanisms regarding American limited privilege: restricting privilege by the rule of law, limiting privilege by the restriction and supervision of power and restricting privilege by the assurance of civil rights as well as the idea that “all men are created equally”. Apart from that, this dissertation also analyzes the concrete institutional supports and implementation effects of these three mechanisms respectively. The third part makes the combination of the precious experience from American limited privilege and the existing privilege mentality and the phenomenon to indicate that China should limit privilege from the following three aspects. The first point is that China should limit privilege through the rule of law, which means that it is crucial to improve laws and regulations regarding anti-privilege and apply legal senses as well as legal ways to restrict privilege. Furthermore, it is also important to reinforce the restriction and supervision among different powers, improve the supervision on decision-making power and official responsibility-ascertained system and optimize the supervision mechanism in NPC(the National People’s Congress). The third one lies in the reinforcement of the role civil supervision plays in limiting privilege. Specifically, it is necessary to safeguard the fundamental rights of citizens, strengthen civil anti-privilege awareness, increase the consensus supervision right of citizens and broaden the channel of civil anti-privilege. Only let powers and privileges run under the sunshine can our country realize democratic modernization successfully.