The Thought Of Power Restriction In The Visit To The Ming Dynasty And Its Current Value

"A visit to the Ming Dynasty" in the constitutional power restriction thought and the value of this problem is based on finding out the problems and constraints are the power,of " A visit to the Ming Dynasty " to carry on the analysis,so as to push this by the analysis of the current problems,according to " A visit to the Ming Dynasty ",and puts forward suggestions and reference.Huang Zongxi in the late Ming Dynasty and early Qing Dynasty change Dynasties era,the great cause of the demise of the Ming Dynasty,is to the monarch and officials abuse results.Huang Zongxi in which,see and hear deep feelings.Therefore,in his later years,it was written as " A visit to the Ming Dynasty ",hoping to be beneficial to the restriction of power." A visit to the Ming Dynasty " has always been the jurisprudence,legal history scholars esteem.Liang Qichao,a modern democratic revolutionist,has also highly praised the book as a noble product of human civilization.Therefore,the reference value of the book to the construction of China's power is unquestionable.Analysis shows that the restriction of the idea of constitutional power,is through the national institutional adjustment to national institutions between each other,antagonistic mutual supervision,to limit public power and the protection of citizens' rights to.Huang Zongxi's constitutional power restriction thought mainly includes: through the self restriction of the monarch power,the power restriction by the prime minister's organization,the restriction on the administrative power through the school,and the restriction of the administrative power through the good law.These ways of power restriction practically limit the wanton expansion of public power and protect the rights of citizens,so they all have a reference for the construction of power restriction in China.The analysis shows that the current situation of violation of power in China is summarized as follows: The administrative agencies have the status of intersecting functions,power and responsibility,multi politics and overstaffing,which are not conducive to the power internal control of the administrative institutions.The overall situation of the supervision organization is far away from the structure,the blind area of supervision,the lack of co-ordination and decentralization.The lack of independence of the discipline inspection committee,the supervision of the leaders and the supervision and intervention of the leaders are all not conducive to the supervision authority's restriction on the power.The National People's Congress institutions exist on personnel,budget supervision,supervision present situation rough,there can not be included in the proceedings,the lack of constitutional judicial review system of constitutional authority and poor maintenance of the status quo,there is a lack of their legislative supervision system against the status quo,these are not conducive to the National People's Congress on power restriction.These violations of power are the biggest obstacle to safeguard the rights of citizens.For the same phenomenon of violation of power restriction in ancient and modern times,we can aim at the phenomenon and put forward a targeted solution based on " A visit to the Ming Dynasty ".Through the analysis of the first two parts,the author finally draws the following conclusions:First of all,we should improve the internal control of administrative organs through the reform of the Ministry of government,the integration of similar functional departments,optimizing the allocation of resources,defining the relationship between powers and responsibilities,and enhancing the overall planning work.At the same time,we should also pay attention to the coordination and reorganization of powers among departments,the power restriction and coordination between departments and departments,so as to make the reform of the large ministry run smoothly.Secondly,through the integration of existing power to restrict resources,and strengthen the legal supervision power of the procuratorate,to improve the supervision of the authority of the power.At the same time,we should pay attention to the internal power restriction of the supervision institution to improve the internal control of the supervisory authority.Thirdly,through the strengthening of supervision of personnel,the NPC Budget Supervision method,the establishment of National People's Congress to improve the constitutional review and constitutional litigation procedure system,strengthen the supervision of the NPC's legislative power to counter the way to improve the operational mechanism of the power of the National People's Congress,the national people's Congress to restrict power to see results.Finally,the supervision mechanism,through the establishment of Party committees and the establishment of parallel exercise of powers of local leaders of the supervision mechanism,strengthen deterrence to the leaders of moral education,to improve the independence of supervision structure,the right of supervision to the independent exercise of public power,the real constraints on the shape.I believe that Huang Zongxi's idea of constitutional power restriction can be better understood through the detailed discussion of the author.Huang Zongxi's thought of power restriction can also be enriched from the perspective of jurisprudence.I venture to,may be China for power restriction construction,provide a meager force and reference.