On The Legal Control Of Executive Power

The extensiveness of the scope of administrative power and the directness of the role of administrative power require it to be restrained and controlled,otherwise it can directly damage the rights of administrative counterparts.Foreign restrictions on administrative power can be divided into direct and indirect ways: direct law is the most typical separation of powers system in the United States.The indirect way is mainly the supervision and restriction between the parties.But both system of separation of powers in the United States and other countries of the separation of powers system of checks and balances,have its inherent advantage and political needs,but also there are a lot of disadvantages,such as low administrative efficiency,shuffle wrangling between various departments,the simmering,dramatically reduced the government's control and management ability of public affairs,which is the cause of the foreign administrative power in recent years,gradually strengthening.However,China's profound traditional political culture and the particularity of the political system determine that China cannot mechanically copy the foreign decentralization system.Compared with other countries,China's administrative power has always been in a strong political position,and its legislative power and judicial power have been weakened.In the decisive period of carrying out the construction of the rule of law and the construction of service-oriented government,it is required that our country urgently needs a reasonable and perfect mechanism to restrain the executive power.At present,in addition to the supervision of the supervision system under the leadership of the party,the supervision and restraint in the judicial field are mainly reflected in the administrative litigation.On May 1,2015,China formally implemented the new administrative procedure law,which marks that China's administrative litigation has entered a new field.In the field of "people's accusation",administrative power will be more obviously restricted.Thus guaranteeing the rights and interests of administrative counterparts.However,it is still undeniable that under China's party and government system,administrative power still has incomparable advantages over judicial power and legislative power.In the field of administrative litigation,there are still some deficiencies in safeguarding the interests of "the people".Therefore,in the process of promoting the construction of administrative rule of law,China needs to adhere to the creative combination of general constitutional principles and China's specific national conditions,so as to reduce or avoid the arbitrariness of administrative power.Administrative litigation in this last resort to ensure the interests of the people.Based on the author's work experience in recent years and the current status of judicial organs in the application of judicial power,this paper focuses on the analysis of the current administrative power in the process of participating in the operation of administrative litigation problems,and tries to put forward some suggestions.