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Sino-us governmental system

2019-10-16 来源: 51Due教员组 类别: Essay范文

下面为大家整理一篇优秀的essay代写范文- Sino-us governmental system,供大家参考学习,这篇论文讨论了中美政府体制。政府体制即指国家机关的机构设置、隶属关系和权限划分等方面的体系和原则。中国的政府体制采用的是议行合一制。所谓议行合一,是指立法权和行政权属于同一个最高权力机关,或者行政机关从属于立法机关,仅是立法机关的执行部门的政权形式和政权活动原则。而美国的三权分立制,是西方一种关于国家政权架构和权力资源配置的政治学说,主张立法、行政和司法三种国家权力分别由不同机关掌握,各自独立行使、相互制约制衡,其中立法权属于国会,行政权属于总统,司法权属于法院,三部门各自独立地履行宪法赋予的权力,同时抵御其他两部门对自身权力的侵犯,三者之间的权力是相互制约的。

The so-called system is a system composed of the configuration of power as the center, structure, function and operation as the main body, as well as various facilities and corresponding norms. The government system refers to the system and principles of the institutional setup, subordination and authority division of state organs. It can be understood from the macro and micro aspects. From the macro aspect, it refers to the organizational mode and operation mode of the government power system. From the micro perspective, it mainly refers to the principle and specific status of the division of functions and powers of various agencies. Specifically, the government system is refers to the country according to the needs of the development of social politics, economy, society, through legal procedures, will the government organization system of the administrative relationship between all levels and departments in institutionalized form, the essence of which is about the government organizations within the system as the up and down or so between various agencies, responsibility, right and classification system.

As a complex organism, government system covers the power division, organizational structure, function setting, operating mechanism, the relationship between administration and legislation, administration and judicature, the relationship between party and government, administrative norms, administrative environment and many other contents. It contains the following meanings: the core content of government system is the division of administrative power. Allocation of government functions is the soul of government system. Government organizational structure is the manifestation of government system. Government operation mechanism is an indispensable part of government system.

The so-called "unity of parliament and action" means that the legislative power and executive power belong to the same supreme organ of power, or the executive power is subordinate to the legislature, and it is only the form of power and the principle of power activities of the executive branch of the legislature.

China is a government system that integrates policy and practice. That is to say, China's government system is established and operated on the basis of the principle of "integrating policy and practice". China is a socialist country, the people are the master of the country, the people by the people's congress system to exercise their power of autonomy, the people's congress of the people's government, court, procuratorate to the exercise of executive power and judicial power, etc., at the same time, the people's governments, courts and procuratorates to be responsible and report its work to the people's congress, accept their supervision and inquiry. In addition, as the highest organ of state power, the National People's Congress passes laws and makes important decisions concerning the country's economic and social development and the management of public affairs, and people's governments, courts and procuratorates at all levels carry them out. Obviously, China's unification of parliament and action is related to the system of people's congress, and it is based on the system of people's congress as its principle. This is the biggest feature of China's unification of parliament and action. Here, the basic meaning of the unity of policy and practice is that the people's congress, on behalf of the people's will, exercises the power of the state in a unified way. The basic spirit of the unity of parliament and action lies in emphasizing the supreme power of representative organs, the centralization and unity of state power and the unidirectional function of representative organs on the power of administrative organs. The essence of the unity of policy and action is to ensure that all state power is concentrated in the highest organ of state power, that is, the unity of all state power, on the basis of recognizing the division of functions among state organs.

At the same time, the contemporary Chinese government system must include the organization of the communist party of China. In political science, "government" is usually used in a narrow sense and a broad sense. In a narrow sense, the government only refers to the administrative organs in the organs of state power. However, in China's current constitutional system, the constitution stipulates the leading position of the communist party of China in national life, and the communist party organization has not only actually become a part of the organization of state power, but also a core part. No matter in the broad sense of the government or the narrow sense of the government, if the organization of the communist party of China is excluded from the "government" to analyze the contemporary Chinese government system, it can be said to be fundamentally missing the point, which is completely different from the situation in western countries. Because of the CPC's unique leading position in the country's political life, not only the people's congress must work under the party's direct leadership, but all other state organs must also work under the party's direct leadership. It is under the leadership of the people's congress, the people's government, the people's court and the people's procuratorate at the same level as the important members of the party at all levels, so as to ensure the smooth realization of the party's will in the state power and the unconditional implementation of the party's line, principles and policies by the state organs. At the same time, party organizations at all levels have also set up leading groups or committees in charge of the work of the administrative and judicial systems to exercise direct leadership over their work. For example, in party organizations at all levels, there are secretaries or deputy secretaries in charge of political and legal work, as well as special organs such as the political and legal committee. Some scholars believe that the organization of state power in contemporary China is actually the subsidiary organ of the communist party of China, which is not unreasonable.

Under this system, the highest organ of state power, that is, the legislature, is focused and unified in exercising state power on behalf of the people's will. The State Council, the Supreme People's Court and the Supreme People's Procuratorate are subordinate to the legislature, integrated into the people's congress, and ultimately integrated into the people's sovereignty. The state power possessed by the people is a whole, and the people's congress entrusted by the people is in charge of all state power. When the highest organ of state power entrusts its power to other state organs, the power possessed by other state organs is only the specific operation of state power in a specific field. This fully embodies the idea of people's sovereignty and confirms the essence of the people being masters of the country. Moreover, the system advantage of the unification of the parliament and the practice is also high efficiency. Because of the public ownership of means of production, the people's fundamental interests is consistent, discuss the combination system can bring a different class interests of the masses together, whether it be a private forwarded, reflect public opinion, scientific decision-making, or transmit an order from above, unified pace, decision-making, there will not be discuss without decisions, make decisions without execution, with each other, make the country maintain efficient and stable operation, especially with social crisis moment, advantages of this system will greatly.

Debate the combination system is faced with some difficulties, such as irrespective of party and government, because without the participation of the ruling party is unlikely to be substantial discussion line one, has the strong function of the ruling party, and often to the party unity, since the founding of political practice, the discussion the combination, the highly centralized system of government power has caused great disaster to China's political life. From another point of view, the corruption that is still seriously troubling us today is also directly related to the "unity of policy and practice" and the high concentration of power in the organs of our political power. It is a basic principle of political science that absolute power corrupts absolutely. For a long time, we have been very secretive about decentralization and checks and balances in theory, and failed to establish a strict decentralization and supervision system in practice. Although these measures also play a role, but are unstable and unreliable pure psychological factors, self-discipline. Once the "public servant" consciousness has changed, psychological imbalance, the expansion of private desire, they can do whatever they want, inevitably produce corruption.

Separation of powers is a western political theory about the structure of state power and the allocation of power resources. It advocates that the three kinds of state power, legislative, executive and judicial, should be held by different organs, independently exercised and checked and balanced. According to the constitution of the United States of 1789, the legislative power belongs to the congress, the executive power to the President, and the judicial power to the court. The three branches independently perform the powers granted by the constitution, while resisting the encroachment of other two branches on their own powers. The constraints of congress on the President and his government include approving and appropriating the budget of the government, approving the President's appointments to senior officials, approving the President's use of the armed forces, and impeaching the President, vice President, and senior officials. The President's checks on congress include the ability to veto bills passed by congress. The courts are subject to the power of congress, for example, which approves the appointment and removal of judges and may impeach judges who have committed serious offences such as treason. The courts are also subject to the President, who nominates federal judges and has amnesty. And the judicial review powers of the courts restrict both congress and the President.

The essence of separation of powers is actually the power distribution mechanism between different interest groups within the bourgeoisie, rather than the system design of the bourgeoisie and other classes to share political power. The system design of separation of powers to a certain extent realizes the mutual checks and balances of powers, effectively avoids the disadvantages of autocracy, mediates the internal contradictions of the bourgeoisie, but also covers up the essence of the bourgeois state.

Separation of powers divides the power of a country into different branches to control and check and balance each other, avoiding any one branch to abuse the power. Separation of powers of the west is based on the theory of human nature of greed assumptions and avoid abuse of defensive system design, is to coordinate the bourgeoisie internal mechanism of interests and conflicts between different interest groups, as a result, power division, with more power to maintain the capitalist system is the purpose of the rule of order and the overall interests of the bourgeoisie, to a certain extent, to avoid the tyranny and dictatorship.

The separation of powers system achieves the balance of power through the staggered powers of three departments and their mutual containment. However, the full realization of the power system function is at the cost of efficiency. The result of the situation of discussing but not deciding and deciding but not doing is inevitably low efficiency.

Both the system of "unity of parliament and action" and the system of "separation of powers" are institutional choices based on the actual national conditions of each country. For China, in contemporary China party leadership and the ruling political environment, on the one hand, should unswervingly adhere to the leadership of the party and ruling position, but at the same time, on the other hand, to explore a set of power restriction which accords with the situation of our country effectively form, the formation of a set of scientific and reasonable supervision mechanism of power restriction, this really is a difficult task, we need to constantly explore and to perfect.

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