多元监督与法律规制：规范权力辩

Multi-supervision and Law Management:Limitation of Power

在我国,对权力的规制趋向于多管齐下、多元监督。此举背后潜在的观念,就是认为越多的监督主体能够更加有效地防止权力的滥用。就权力规制而言,监督主体的多寡与监督的有效性无甚关联,而这种人治背景下形成的多元监督体制更与法治社会的要求大相径庭。现代社会对权力的规范,纳入法律规制的范畴更趋合理。

In China,the limitation of power is inclined to multi-supervision. This rule is based on the concept that more supervisions will more efficiently prevent from abusing power. As far as this rule itself, it seems that there is no connection between the number of the supervisions and the efficiency of the supervision. And to a further step, this multi-supervision system based on human management is far from meeting the requirements of the rule by law. It will be more reasonable to adopt human power to the law in modem society.