澄清一种有根据的牵强类比——权力制衡与权力制约区别研究

A Reasonable Analogy which is Farfetched——a research related to the difference between the balance of power and the power restriction

权力制衡与权力制约由于人们的类比式修辞活动而经常发生联系甚至是被相互混淆,但二者有不一样的特点,是两个不同的概念。权力制衡的特点包括:制衡涉及多个权力、制衡是一种稳定的动态平衡、不同权力之间势均力敌、不同权力相互协调与促进。而权力制约的特点则包括:制约涉及的权力数量不确定、制约是一种不稳定的状态、制约既可能来自外部也可能来自权力本身、实施制约的个体属性不确定、起制约作用的主体相对弱小。明确权力制衡与权力制约的区别既有利于二者理论体系的各自发展,更有利于明确我国有关权力制约的制度应如何完善。

Because of the analogical rhetoric activity, balance of power and power restriction not only always contact with each other but also be confused. However the two are different. The characteristics of the balance of power include: the balance involves many different powers, different powers are well-matched in strength,the balance is a kind of dynamic equilibrium, different powers coordinate with each others. The characteristics of the power restriction include: the number of the powers that the restriction involves is instable, the restriction can not only come from the outside world but also come from the inside of power, the property of the one which exert restriction may the same as power or not, the one which exerts restriction is always weak. Make clear the difference between the balance of power and the power restriction not only helps the development of the theories of the balance of power and power restriction but also helps us to perfect the system of power restriction.