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本篇paper代写- Western civilization of power讨论了西方的权力文明思想。在西方的权力理论中，权力被视为一种可以产生罪恶的东西，权力是恶的理念深深扎根在他们的内心深处，而分权与制衡是限制权力的制度，这种制度不断得到修正与补充，使之成为社会政治制度稳固的根本制度之一。从实践的视角考量，它的确在防止权力被少数人垄断和滥用，充分约束权力方面发挥了非常现实的支撑重作用。本篇paper代写由51due代写平台整理，供大家参考阅读。

In the long process of development, the western power civilization has been absorbing new theories and viewpoints along with the evolution of society and times, but its basic ideas have been kept. In western political theory and practice, the protection of individual citizens' rights is the first priority. In order to achieve this goal, it is also emphasized that separation of powers and checks and balances, rule of law and democracy must be implemented. These beneficial practices and experiences are worth learning and absorbing based on China's national conditions.

For the study of power, the west has a long history, appeared in the classics, including the earliest Aristotle's "political science", influenced the American political process DE tocqueville's "democracy in America", pointing to the core power of Locke wrote "the theory of government", is very interesting rawls novels from the Angle of society in the "theory of justice". Although their ideas of power civilization are quite different from each other due to their different perspectives and positions, a careful summary and review of them will show that the thinking on power basically follows three paths.

In the western theory of power, power is seen as something that can produce evil. The idea that power is evil is deeply rooted in their hearts. Then, how to effectively limit power so that it cannot become a runaway horse? This system has been constantly amended and supplemented, making it one of the fundamental systems of the social and political system. From the perspective of practice, it really plays a very realistic supporting role in preventing the monopoly and abuse of power by the minority and fully restricting power. Ancient Greek Aristotle was the first political thinker to propose decentralization. In his representative work political science, it clearly put forward that "the function of procedure, the function of administration and the function of trial are the three indispensable elements that make the whole polity sound." Although Aristotle's "theory of the three elements" refers to the whole political system, and cannot contain the system of separation of powers and checks and balances as we are familiar with now, the distinction between the powers of the state is called "the first link in the ideological chain of the logical progress of decentralization theory". The British philosopher and thinker Locke is called the first person who established the theory of decentralization in modern times. Its basic idea is that since the state or government essentially controls the resources and lifeblood of the whole society, it is a body governing power or a community of interests. Power itself is expansive and imperious, and it is easy to concentrate in the hands of some individuals, and then gradually arbitrarily and continuously arbitrary, which violates the whole society and individual citizens. Therefore, it is obviously very dangerous for power to be owned or used by a certain organization, institution or individual. In this situation, the power is divided and governed, which is divided into legislative power, executive power and foreign power, making it relatively independent, thus eliminating, or at least reducing, the harm of power to the state and the individual. And "legislative power is used to guide how the power of the state is used to protect the power of this society and its members." In Locke's theory of separation of powers, later generations regard it as the separation of two powers rather than the separation of three powers, because he regards the legislative power as the highest and the other powers as subordinate and secondary. The emphasis on social checks and balances on government and power is the core of Locke's theory of checks and balances. As later Russell pointed out, "this doctrine arose in England in opposition to the stuarts, at least in the legislative and executive branches, as set forth by Locke. It is a characteristic of liberalism to say that the legislative, executive and judicial functions of politics should be separated. In this logic, the legislative power held by the bourgeois parliament essentially strengthened the political power and authority of the bourgeoisie, and the royal family only had the power of execution. As Marx pointed out, "the king becomes the servant of parliament", "the subordination of royal power to parliament means the subordination of royal power to the rule of a certain class". As the founder of modern decentralization theory, Locke put more emphasis on the division of state power, but his decentralization theory has an obvious defect: how to carry out effective checks and balances between powers has not been fully analyzed. Montesquieu took Locke's theory of decentralization one step further, that is, he emphasized the need to divide the three powers, and constructed the basic power framework of decentralization and balance. "If all three of the powers of law, of enforcement of public resolutions, and of adjudication of private crime or litigation were exercised by one agency, all would be lost," he said. This power will pose the greatest threat to political freedom and political life, while decentralization can prevent the abuse of power and effectively balance power. "Decentralization should restrain both the executive power and the legislative power. It has a neutral and harmonious nature."

The later American framers were obviously influenced by the decentralization thought of Locke and montesquieu, but they did not copy the British constitution and enlightenment thinkers' views through in-depth philosophical thinking, but skillfully combined this thought with the reality of American life and created the American constitution with American characteristics. Through comparison, it can be seen that the American framers promoted the development and perfection of Locke and montesquieu's separation of powers theory in the following aspects. Specifically, more attention should be paid to the mutual infiltration, mutual check and balance between power and increasing the balance between central and local authorities. As Madison put it in the federalist papers, "ambition must be opposed by ambition, and the surest way to prevent the progressive concentration of certain powers on the same department is to give the heads of the departments the necessary means to resist the encroachments of the other departments." The founders of marxism believed that it was necessary for the state to divide the work to deal with affairs. The real meaning of decentralization lies in division of labor. "In fact, this decentralization is nothing more than a division of the day-to-day business of simplifying and supervising state institutions." One expectation projected by the principle of decentralization and balance is that the political power system and various systems since modern times, the exercise of government power must be controlled and prevented by lasting, effective and regular rules. "Through decentralization, constitutionalism provides an effective system of checks and balances on government actions It is a set of rules that guarantee fair operation, thus forcing the government to be responsible ". Decentralization is the foundation of civilized government.

The western legal tradition has a long history, which can be traced back to Aristotle. Some scholars pointed out that Greek civilization originated from Aristotle's legalism, which laid the basic principle of western classical rule of law. His principles of democracy, justice, legal supremacy, equality and legal neutrality still play an important role in the politics and law of the real society. He stressed that the rule of law should aim at freedom and protecting human rights. The rule of law is not to restrict human rights and people's freedom. The essence of the value of the rule of law is to protect citizens' freedom, equality and human rights. The most significant achievement of modern western power civilization is the establishment of a modern rule of law system with the constitution as the fundamental law and further clarifying that the constitution is the fundamental law of the state and has supreme status. Constitutionalism system requires the country to have universal law so that the operation of national political life into the legal track. The concept of constitutional supremacy not only establishes the value target for the rule of law, but also establishes the legal authority.

After carefully sorting and refining the western legal thoughts, we can find that the western legal thoughts are constantly adding new connotations and elements with the development of The Times, but they always present some distinctive features and principles. For example, the rule of law is accompanied by democracy, freedom is the core of the rule of law, and justice is the soul of the rule of law. As Aristotle pointed out: law should not be regarded as slavery; law should not be regarded as salvation. Locke further perfected and developed that the purpose of the law was not to abolish or limit liberty, but to protect and extend it. The real meaning of law is not so much to restrict as to direct a free and wise man to pursue his just interests... Law, as an adjustment and norm of people's behavior in social life, is indispensable in real life. In one hundred to the nearest point of the development of western political history, contemporary western countries pays attention to the governance of the rich in democratic culture and technology, constantly fade out administrative management, the transformation government function, strengthen the public service, convert rule to governance, and especially the law enforcement must be combined with public services, the government is a limited government, the government must be transparent government and so on. This is a guiding idea and a logical approach. It tells us that the ruling party should transform government functions and reduce the government's monopoly on public power. It should administrate in accordance with the law, thoroughly correct the non-standard policies and power operation, excessive administrative examination and approval items, excessive discretionary power, citizens being excluded from power, and the phenomenon of low transparency in power awarding and operation.

The thought of constitutionalism comes from the idea of social contract, which is the product of western power civilization. The main idea of the social contract is that the power of the state ultimately belongs to the people. It emphasizes the legitimacy and legality of restriction and restriction of power. Thus it can be seen that a western constitutional history is a history of restricting state power and avoiding infringement of civil rights. Power to serve the people and public interests constitute the basic spirit of constitutional government. If further analysis can be seen, the regulation and restriction of state power is the ultimate goal of constitutional government, and the core of constitutional government is "limited government". The logic of "the constitution is supreme" lies in: the government power comes from the people, therefore, the state power belongs to the people; Safeguarding citizens' rights and public interests is the purpose of government power operation. Therefore, government power operation cannot infringe upon citizens' rights. Although the implementation of the constitution cannot be achieved without institutional mechanism and strong state guarantee, the fundamental maintenance of the constitution lies in its common recognition and pursuit. Because belief constitution is the inner requirement of civilization, also is the spiritual condition of realizing the rule of law and the inner psychological foundation of people. Therefore, the law is only effective when it is believed and therefore requires strong sanctions. The rule of law does not have to rely on the police everywhere... What really prevents crime is the law-abiding tradition, which is rooted in an earnest and passionate belief. When people realize that only through constitutionalism can human beings lead the most beautiful life and achieve the maximum freedom and equality, and only when people realize that constitutionalism is a better system in human political form, the authority of the constitution can be truly established. In recent centuries, westerners have gradually made the constitution to maintain the common emotions and ties of all classes and classes in western society, strengthened people's belief in the constitution, so that the constitution can finally become the common authority in people's life and be believed by people, making all political power subject to the constitution. Therefore, only when the spirit of constitutional government is deeply rooted in the people's mind, everyone follows constitutional government, everyone believes in constitutional government, and everyone maintains constitutional government can we truly maintain the authority of the constitution and the rights of citizens. As Rousseau said, the real constitution is not inscribed on bronze tripod or marble tablet, but written in the people's mind.

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