权力腐败的法理分析及对策思考

所谓腐败,就是权力的运用违背了权力设置的价值目标,即权力的公共性质,而用于谋求个人或小集团的私利.这也是公共权力在主体归属上具有私人性的必然逻辑后果,故而要治理腐败,就得从权力的特点入手,分析腐败产生的原因,要从经验事实而不是先验的理念出发来估量权力持有者的思想实际,并在此基础上,针对我国权力行使的特点来设计一种以全方位的监督和制约为主的科学的反腐败机制,并据此构建一套严密而可操作的法治保障机制来保证其顺畅运行.

An Legal Analysis of Power Corruption and Its Countermeasures

So-called power corruption is brought about by the abuse of power,which goes against the value target that authority interposes.In such a way that the public power has been used for the private interests,seeking individual or small clique advantage.It is also because what-ever power must be conducted by certain person.To cope with the power corruption,it is key to start with the power characters and analyze the cause that corruption produce,what is more important is that we should estimate the power owners by experience and facts rather than a priori idea.And accordingly,we should establish a scientific anti-corruption mechanism specifically for our country.In this mechanism,an all-aspect supervision and restriction is the main part.In order to guarantee the anti-corruption mechanism work smoothly,a set of close but practicable legal institutions should be set up on this basis.