| In October 2017,the 19th National Congress of the Communist Party of China was successfully held.The meeting clearly pointed out that socialism with Chinese characteristics has entered a new era.Clearly put forward to build China’s socialist legal system.It is an important part to build a socialist legal system with Chinese characteristics,protect civil rights and restrict state public power.Because of the corrosiveness,expansibility and indispensability of power,restricting and supervising power is an enduring theme in human society.The restriction of power includes the restriction of morality on power,the restriction of decentralization of power,and the restriction of right on power.Moral restriction of power aims to restrict the inner morality of the users of power and the evaluation system of public opinion,which has the disadvantages of inequality.The purpose of restricting power by power is to divide power into legislative,administrative and judicial departments,which has the disadvantage of incompleteness.Where power is not restricted,it can not be expected because the way of power behavior does not follow any pattern,which is easy to cause tension,friction and mutation.It is fundamental that rights restrict power.With the advantages of extensiveness and diversity,we should see that it has made more achievements in the new era of socialism with Chinese characteristics.But at the same time,it also faces some problems,such as the overlapping of the constitutional subject and the legislative subject,the lack of protection of citizens’ emerging rights,the wanton expansion of discretion,and the relatively weak awareness of civil rights.Restricting power by rights and optimizing the allocation of legislation are the guarantee.We should distinguish the main body of constitution making from the main body of legislation to highlight the status of the people,and establish the legislative standards for the emerging rights of citizens.The key is to restrict power by rights and optimize administrative law enforcement.It is required to clarify the boundary between public power and private rights,administer according to law and respect human rights.The core is to restrict power by rights and promote the awareness of civil rights.When the right individual is infringed by the power,it is required to set up the idea of diversified solution mechanism of right relief and adopt diversified relief.At the same time,right individuals should establish Marxist concept of rights,correctly understand the relationship between rights and power,and actively use their own rights to restrict power. |
