公民的监督权与政府的克制义务

研究公法,重在研究其核心——公权力,特别是如何规范公权力的赋予和运行,把日益扩张膨胀、专横霸道的公权力关进适当的笼子里。其中一个重要问题是如何运用公民的公权利来制约国家的公权力。公民的公权利,核心是政治权利。近年时有发生公民行使公权利批评揭露政府及其官员的弊案,与政府的公权力发生矛盾冲突而被非法问罪。该问题的实质是如何正确对待公民和社会组织的公权利（舆论监督权）与政府公权力的克制义务的公法关系问题。政府及其官员在事关其公务行为上无权提起名誉权诉讼。

The supervision right and the restraint responsibility

The focus of the research of the public law lies in the research of public power,especially how to regulate its bestowal and implementation.Nowadays the public power tends to get out of control and one important problem is how to use the citizen’s public right to restrain this power.The key part of citizen’s public right is political right.In recent years there have been several cases in which people were charged with illegal actions because they had criticized officials’ malpractice.The essence of such cases is how to treat the relation between the supervision right of the citizens(including social organizations) and the restraint responsibility of the government public power.The government officials do not have right to file a suit for their honorus when it comes to their official behaviors.