Briefly describe the main contents of the theory of decentralization and checks and balances.

definition

differentiate

function

explore

catalogue

1 summary

2 Basic information

3 definition

4 differences

5 function

6 exploration

Jiangbei District, Chongqing

Nanchuan District, Chongqing

Yongchuan district of Chongqing

Separation of powers and checks and balances is an important legal principle widely used in western countries' political system and other national management activities. After the democratic revolution, the "separation of powers" system formed by the theory of separation of powers was widely adopted by various western countries and reflected in different forms.

Basic information

Chinese name

decentralization of authority

Terminology category

Political term

source

Dating back to Aristotle in ancient Greece

Application area

Political system and state management activities

definition

Separation of powers and checks and balances is an important legal principle widely used in western countries' political system and other national management activities. The theory of checks and balances originated from the idea of decentralization and can be traced back to Aristotle in ancient Greece. When expounding his thought that "the rule of law should be superior to the rule of one person", this ancient Greek philosopher advocated that the power of the government should be divided into three elements: discussion, execution and justice, and power activities should generally strictly abide by the formulation of good laws. The theory of checks and balances developed on the basis of the idea of decentralization was formed during the bourgeois revolution. In order to share the ruling power with the feudal lords and oppose the tyranny of the feudal lords, the bourgeoisie, which had not yet mastered the political power at that time, put forward the theory of separation of powers and checks and balances, and advocated that the legislative power, administrative power and judicial power of the state should be exercised by three different state organs respectively, forming a pattern of mutual restraint and restriction among the three powers, so as to maintain the balance between state powers and prevent one organ or one person from acting arbitrarily. /kloc-In the middle of the 0/8th century, Montesquieu, a French enlightenment thinker and jurist, discussed the relationship between law and regime and freedom in his masterpiece "On the Spirit of Law", emphasizing the incompatibility between authoritarian regime and law, and holding that all people with power are prone to abuse their power. To prevent the abuse of power and protect people's freedom, it is necessary to restrain power with power. He believes that if all or part of the state power is concentrated in the hands of the same person or organ, then people's freedom will cease to exist. After the democratic revolution, the "separation of powers" system formed by the theory of separation of powers was widely adopted by various capitalist countries and reflected in different forms.

differentiate

It should be pointed out that the theory of checks and balances cannot be equated with' separation of powers'. The former is a theoretical theory developed from a political and legal thought, and the latter is a national political system established by using this theoretical theory. The theory of separation of powers and checks and balances conforms to the basic principle of interdependence and mutual restriction of things and the spirit of rule of law. So it is scientific and reasonable. Examining the history of the emergence and evolution of the procuratorial system, we can draw a conclusion that the emergence of procuratorial power is the concrete embodiment of the theory of decentralization and checks and balances. Under the guidance of this theory of separation of powers and checks and balances, the procuratorial power of all countries is more or less legal supervision.

First of all, from the origin of procuratorial power, procuratorial power has a clear color of decentralization and legal supervision. "One of the most important purposes of creating the prosecutor system is to ensure the objectivity and correctness of the exercise of criminal judicial power through the mode of decentralization of litigation and the method of mutual supervision and mutual restriction between judges and prosecutors. Another important role of establishing the prosecutor system is to control the legitimacy of police activities and get rid of the nightmare of the police state with a fair and objective public office subject to strict legal training and legal constraints. " Luo Jin, a contemporary German criminal law master, pointed out that the prosecutor's purpose is to order him to be "the pillar of the rule of law" and "the pillar of political freedom" from the beginning. After the war, Wagner, the famous prosecutor of the Federal Republic of Germany, also pointed out: "The establishment of the prosecutor system is an obvious symbol of the birth of a country ruled by law and the overcoming of a police country." When investigating the history of prosecutors, Mr. Lin Yuxiong specifically pointed out: "The establishment of prosecutors in the German legal system in Europe also has an important function of a country ruled by law: to protect the law and make objective legal will run through the whole criminal procedure. The so-called objective legal will, in addition to prosecuting crimes, is more important to protect civil rights. Paying special attention to the function of prosecutors to protect citizens' rights is the product of political revolution and the great enlightenment of thought. It is true that prosecutors are objective officials with two sharp edges. We should not only prosecute crimes, but also collect things that are beneficial to the defendant, and pay attention to the procedural rights of the defendant in litigation. In short, the prosecutor is not, and should not be, a prosecution fanatic who unilaterally pursues cracking down on criminals, but a guardian who speaks according to law, is objective and fair, and gives consideration to both advantages and disadvantages. " Eb。 Schmidt, a famous German scholar of criminal procedure law in the 20th century, once pointed out that prosecutors are the representatives of national legal will, not the mouthpiece of the government. At the beginning of the19th century, there was a lot of discussion about prosecutors being "the king's eyes and ears", but the final prosecutor system completely deviated from the concept of "the king's eyes and ears" and was set as a thorough "legal guardian". Correspondingly, in German law, there are few responses to the view that prosecutors are purely administrative personnel, while the theory of judicial personnel is the most recognized, and few people are unconventional. It can be seen from the above that legal supervision is also the basic attribute of procuratorial power recognized by western countries.

Secondly, judging from the function of procuratorial power in China, legal supervision power embodies the concept of separation of powers and is the basic attribute of procuratorial power. China's procuratorial organs shoulder the important functions of supervising investigation, prosecuting crimes and supervising justice (trial), and are specially set up legal supervision organs following the theory of separation of powers and checks and balances. It is undoubtedly of great theoretical significance to discuss the theory of separation of powers and the legal supervision function of procuratorial organs in China, which will enrich the basic theory of procuratorial system in China and correctly define the nature of procuratorial power in China. On the basis of the theory of separation of powers and checks and balances, the legal supervision function of procuratorial organs should be regarded as an indispensable link in the state supervision and restriction mechanism that plays a self-regulating role in China's state power structure and balances the operation of state machinery.

function

On the surface, restricting and supervising political power may disperse power and reduce efficiency. But in fact, restricting and supervising political power can prevent arbitrary decision-making and avoid wrong decision-making; Even if there is a decision-making mistake, the restriction and supervision mechanism can also play the role of error correction mechanism, so that in the long run, the decision-making efficiency is higher under the condition of restricting and supervising power. On the other hand, we should restrict and supervise the power so that it can run along a reasonable and legal track and avoid wasting energy on an illegal track, thus ensuring the realization of government functions and ensuring the high efficiency and low efficiency in the opposite direction. In addition, the supervision of power can also find out the problems or achievements in the exercise and operation of power in time, so as to reward the excellent and punish the bad on the basis of correct facts and promote the power to play a greater role. In short, it is necessary to restrict and supervise political power, whether in order to play its dynamic role or to prevent its destructiveness.

We should implement the system that the top leaders are not directly in charge, change the ruling phenomenon that the power structure of the top leaders is too centralized and the power supervision is relatively weak from the institutional level, and establish and improve the power structure and operation mechanism that the decision-making power, the execution power and the supervision power are mutually restricted and coordinated through reasonable decentralization, so as to achieve the purpose of preventing and reducing corruption.

explore

Jiangbei District, Chongqing

20 12 In February, the Commission for Discipline Inspection of Jiangbei District piloted the "3+X" top leader system in eight units in the whole district, and Fusheng Town became the only pilot town. Since then, Teng Gang has freed himself from the state of taking care of major issues and minor issues, and only controlled the direction and supervision.

The so-called "3+X" system in which the top leaders are not directly in charge means that all units generally have three "* * *" powers in finance, personnel and procurement, and some units have "X" differentiated powers in engineering construction, administrative examination and approval, administrative law enforcement, etc., and implement deputy charge and full-time supervision, thus restricting the key powers of the top leaders such as signature right, discourse right and control right, and further preventing and reducing the top leaders from the source.

From being in charge of many affairs to being only responsible for supervision, has it weakened the power of the party and government leaders? Liao Hongguang, mayor of Fusheng Town, doesn't think so. He said that this freed himself from specific work. "Avoiding the phenomenon of grasping, saying a word and writing a pen in sensitive areas such as personnel and finance is actually a kind of protection for cadres."

Zhou, director of the Jiangbei District State Taxation Bureau, has also tasted the sweetness of the system in which the top leaders are not directly in charge, especially on sensitive personnel issues, and the positive effects of this system have been fully reflected. "If the top leader shows his attitude, it will be difficult for others to put forward different opinions." After Joo Won?'s lobbying, he was not directly responsible, but was recommended by the responsible deputy. Other deputies spoke freely and finally spoke, which eliminated the suspicion and misunderstanding among team members and cadres and the masses, promoted internal unity and harmony, and played an important role in strengthening the building of a clean and honest party style and enhancing the combat effectiveness of the team.

With the advancement of exploration, the implementation methods of each pilot unit have their own characteristics, except for the local State Taxation Bureau, Fusheng Town and Wulidian Street, which adhere to the "last position system" of the main leaders when making the "three majors and one big" decision; The safety supervision bureau of this district standardized the 16 system around administrative law enforcement and financial approval; The District Development and Reform Commission has set up five working groups on finance, personnel, material procurement, administrative examination and approval, and administrative law enforcement. The departmental discipline inspection and supervision organization participates in the supervision of decision-making and implementation throughout the process, changing individual decision-making into collective decision-making; District Housing Management Bureau has implemented "budget declaration system" and "leadership countersignature system" in major financial expenditures and major material procurement. ...

"We hope to form different experiences of dissecting sparrows through the exploration of different departments." Zhou Yuquan said that in the next step, Jiangbei District will gradually promote it in the whole region on the basis of fully piloting, perfecting the system and summing up experience.

Nanchuan District, Chongqing

20 10 February, Nanchuan District of Chongqing "upgraded" the experience of Yuyao, Zhejiang Province, and took the lead in implementing the "New Deal" of power distribution in which the "top leaders" of the party and government did not directly take charge of people, property and other key rights. Three months later, although it will take a long time to test the effect of this "New Deal" originally implemented for anti-corruption, people have also seen "a glimmer of light".

The Interim Provisions of Nanchuan District on Strengthening the Supervision and Management of Party and Government Chiefs points out that "Party and Government Chiefs in all township streets and district-level departments implement the system of' five non-direct responsibilities', and other members of the team are in charge of finance, personnel, engineering projects, administrative examination and approval, and administrative law enforcement ..." In addition to the "five non-direct responsibilities", the provisions in Article 39 of Chapter VI also state that "the leader is the last". This means that the "number one" may not only be deprived of the five core powers, but also the subtle "power orientation" such as "right to speak", "right to nominate" and "discretion" are exposed to the sun one by one.

On February 28th, the adjustment of division of labor was sent to the office of the district committee and the Commission for Discipline Inspection. This is a whole month ahead of the submission deadline before April. On March 5th, after the promulgation of the "New Deal" 10, Nanchuan held a mobilization meeting on building a clean and honest party style and "year of style construction". The "top leaders" of various townships, districts and departments, as well as the leaders of the "four big families" were all present, totaling more than 400 people. At the meeting, the system of "number one" and "five indirect management" was exposed. Some departments even waited until the "deadline" of March 3 1 to submit it.

According to the original intention of Nanchuan District, the original intention of the "New Deal" is to prevent corruption and standardize the operation of power. However, after three months of implementation, Nanchuan District found unexpected gains. The construction of the 4.2km retaining dam and the reconstruction of Nanshan weir in Jinshi Village of Jinshan Town were completed half a month ahead of schedule. The largest project in the history of environmental protection in Nanchuan District-urban and rural sewage treatment system construction project financing bidding signing. The amount of foreign investment reached 296 million yuan, exceeding the total investment of environmental protection construction in Nanchuan for 20 years, and it was successfully implemented.

Yongchuan district of Chongqing

Yongchuan District has established five supervision mechanisms, namely, clean government physical examination, centralized inspection, clean government risk prevention and control, public opinion supervision and outgoing audit, strictly controlled the "five customs", improved the three-dimensional supervision system of top leaders and strengthened the supervision of top leaders, and achieved certain results. 1, strictly control the "clean government physical examination" and strengthen the supervision of the top leaders before taking office; 2. Strictly control the "centralized inspection" and strengthen the supervision of the top leaders in performing their duties; 3. Strictly control "risk prevention and control" and strengthen supervision over the top leaders; 4, strictly control the "expression of public opinion", strong