Since General Secretary Xi Jinping proposed at the Philosophy and Social Sciences Work Symposium that “we must base ourselves on China、Learn from abroad,Digging into History、Grasp the contemporary times,Care for Humanity、Thoughts for the future,Strive to build philosophy and social sciences with Chinese characteristics,In guiding ideology、Discipline System、Academic System、Discourse system and other aspects fully reflect Chinese characteristics、Chinese style、Since "Chinese Style",Academic circles have launched active research around the construction of the “three major systems”,Published many research results。The author thinks,Under the construction of "three major systems",The construction of discourse system is the foundation;The construction of a discourse system is not only about using discourse with Chinese characteristics,And it lies in interpreting the connotation of unified universal discourse in a Chinese way;To be in every academic system、The discipline system is formed to reflect Chinese characteristics、Chinese style、Chinese style discourse system。This requires that the construction of the discourse system should focus more on pragmatism,To summarize、combing、Unify various academic systems、Discourse often used in the subject system,Give it Chinese characteristics。
General Secretary Xi Jinping pointed out: “Put power in the cage of the system。”This is a vivid Chinese discourse about the power monitoring mechanism。About the power monitoring mechanism,In our country’s current discourse system,It also involves three basic concepts - constraints、bet365 Play online games、bet365 Play online games,They each have different status and roles in the power monitoring system。But,Long time,There are always differences in the connotation and relationship between these three concepts in our country's academic circles。There are confusion theorists,Those who are greater than others,There are less than theorists,There are parallelists。Conceptual ambiguity and disagreement,Indicates that China has not yet formed a voice in this research field,Also influenced the construction of academic system and subject system。Therefore,It is necessary to adapt to Chinese language habits、A Chinese interpretation from a Chinese perspective,Formating Chinese discourse,Unify academic understanding。
What are constraints?"Modern Chinese Dictionary" (hereinafter referred to as "Dictionary") does not give a direct answer,But give an example。That is, “the existence and change of thing A is conditional on the existence and change of thing B,Then thing A is restricted by thing B”。But,The "Dictionary" has separate explanations for "system" and "restraint"。"Zhi" means "to constrain with force";“Constraint” means “limit so as not to exceed the scope”。Accordingly,The author thinks,The connotation of restriction should be: use strong restrictions to prevent it from exceeding the scope。In terms of power constraints,It is to use force to limit power,Keep the exercise of power within the prescribed scope,To prevent abuse of power、Occurrence of abuse of power,Oppose corruption。This is the Chinese people’s popular understanding of power constraints。
In practice,The main ways to restrict power include: institutional constraints based on the establishment of rules and regulations、Check-and-balance constraints based on power allocation and sanctions constraints based on power bet365 Play online games,That is what people usually call restricting power by system、Restricting power with power and restricting power with rights。Among them,Institutional constraints are the foundation,Checks and balances are the main body,Sanctions and constraints are guarantees。That is to say,To prevent abuse of power、Indiscriminate use,Oppose corruption,First of all, regulations and systems must be established (the most important of which is legislation),Require those who exercise power to administer in accordance with the law、According to the rules,Regulate the operation of power with systems,Restricting power through systems。This is the premise for the operation of power,It is the infrastructure that restricts power。At the same time,Cannot delegate all power to one subject,Power must be allocated scientifically and reasonably among different subjects,Form the mutual cooperation between power and power、Function and containment relationship,This is the normal state of power,Is an important mechanism to restrict power。final,There must also be a system to supervise the operation of power,Implement necessary sanctions against those who violate regulations or exercise power beyond their authority,Restricting power with sanctions,To ensure the effective operation of power。This is a necessary facility for the operation of power,It is a guarantee mechanism to restrict power。It can be seen from this,In the Chinese discourse system,Power restrictions can be used in both broad and narrow senses。Generalized power restriction is equivalent to power monitoring,Including institutional constraints、Checks and balances constraints and sanctions constraints;Power restriction in the narrow sense only refers to the main form of power restriction in the broad sense - checks and balances constraints。
Therefore,When talking about the relationship between power constraints and power bet365 Play online games,It is necessary to distinguish between general constraints and narrow constraints respectively。In terms of generalized constraints,Restrictions include bet365 Play online games,bet365 Play online games is a subordinate concept of restriction,Or a concept,It is a restrictive guarantee mechanism;In terms of narrow constraints,bet365 Play online games and restriction are in parallel relationship,It is also one of the important ways to restrict power in a broad sense。If people juxtapose power restriction and power bet365 Play online games,The restrictions at this time should be understood as narrow restrictions。
What is bet365 Play online games?In our country’s academic circles, bet365 Play online games is generally defined as bet365 Play online games,Confusing bet365 Play online games with bet365 Play online games。Therefore,It is necessary to examine bet365 Play online games and bet365 Play online games together。According to the "Dictionary" explanation,bet365 Play online games means “to observe and supervise”。View,It is "look carefully to understand the situation";bet365 Play online games,It means urging and correcting。Generally speaking,bet365 Play online games is always about human behavior。Therefore,bet365 Play online games can be defined as the bet365 Play online games subject’s observation and bet365 Play online games of the behavior of the bet365 Play online games object,Or,Check carefully,And urge or urge correction。In Dictionary,The explanation of bet365 Play online games is: “Supervise the work of state agencies and agency staff at all levels and report agencies or staff who violate laws and neglect their duties。”That is to say,In Dictionary,bet365 Play online games is used to explain bet365 Play online games,Instead of using bet365 Play online games to explain bet365 Play online games。According to defined rules,In two concepts with a genus-species relationship,The species concept can be explained by the genus concept,Add necessary qualifiers to the genus concept to form the species concept,But the species concept cannot be used to explain the genus concept。Otherwise,I made the mistake of generalizing。Therefore,According to the explanation of "Dictionary",Inspection is just a type of bet365 Play online games,Specifically refers to bet365 Play online games that targets the work of state agencies and their staff。Therefore,It is obviously inappropriate to use bet365 Play online games to explain bet365 Play online games。
"Dictionary" explains the meaning of bet365 Play online games in terms of the objects of bet365 Play online games,And in practice,The use of the word bet365 Play online games has developed again。This is mainly reflected in two aspects: First, it limits the subject of bet365 Play online games,The subject with supervisory power can only be the state’s specialized agency,The bet365 Play online games of state agencies and their staff by other entities cannot be called bet365 Play online games;The second is to give the supervisory subject greater authority,The supervisory subject not only has general bet365 Play online games rights,The power to observe and supervise,And has the power of investigation and disposal,Investigating the problems discovered during bet365 Play online games,The power to make disposal decisions based on the investigation results。That is to say,Only the bet365 Play online games of the work of state agencies and their staff by specialized state agencies can be called bet365 Play online games,The supervisory power of specialized agencies includes not only the power of bet365 Play online games,Also includes investigation and disposal powers,That is, the right to sanction。This way,bet365 Play online games is not just a general type of bet365 Play online games,And it is a special type of bet365 Play online games。bet365 Play online games,As "observation and bet365 Play online games",Can be applied to any subject’s observation and bet365 Play online games of any object,But it is just to observe and supervise,Does not have the right to investigate and dispose,No sanction effect;bet365 Play online games,As a special type of bet365 Play online games,Specially applicable to the bet365 Play online games of state agencies and their staff by specialized state agencies,And has the power of investigation and disposal,Have the right to sanction。Therefore,bet365 Play online games is not ordinary bet365 Play online games,But a special type of bet365 Play online games。Have the right to investigate and dispose,bet365 Play online games that produces sanctions。In the broad power restriction system,bet365 Play online games is not just bet365 Play online games as a prerequisite for sanctions,And it is a sanction constraint in itself。
In summary,The author thinks,Monitoring of power,The basic way to lock power into the cage of the system is power restriction,Use force to restrict power,Keep the exercise of power within the prescribed scope,To prevent abuse of power、Occurrence of abuse of power,Oppose corruption。In contemporary times,There are three main specific ways of restricting power: institutional constraints、Checks and balances constraints、Sanction constraints。Among them,The premise of sanctions and constraints is bet365 Play online games,Only bet365 Play online games is in place,Only for accurate sanctions,Restriction is valid。bet365 Play online games only means to observe and supervise,Provide the basis for sanctions constraints。Inspection is a special type of bet365 Play online games,It is the bet365 Play online games of state agencies and their public officials implemented by specialized state agencies,is a supervisor with the power of investigation and disposal,That is, bet365 Play online games with sanction power。
Clear concept is to build an academic system、Basics of the subject system,Academic system with Chinese characteristics、Discipline System,Need to be supported by a discourse system with Chinese characteristics。The above restrictions、bet365 Play online games、Discussion and clarification of the concept, meaning and relationship of bet365 Play online games,Hope to build an academic system of national power with Chinese characteristics、The subject system is beneficial。
(This article is a study and interpretation of the spirit of the 19th National Congress of the Communist Party of China, a special project of the National Social Science Fund "Research on Improving the bet365 Play online games System of the Party and the State" (18VSJ051)、Fujian Provincial Social Science Planning Specially Commissioned General Project "Research on Several Institutional Mechanism Issues in the Application of the bet365 Play online games Law" (FJ2018TWFB05) Phased Results)
(The author is a professor at the Law School of Fujian Normal University)
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