| 英文摘要 |
Bridling powers in the cage of institution is the essential condition for the uncorrupted operation of powers However, in China exists the living law of Confucianism, which plays a significant role in the construction of double domains and dualist order for the operation of powers, i.e., public domain and living law domain, orders under national law and living law As a result, the institution cage of powers should be extended to the domain and order of the living law There are two disadvantages of Chinas theory in power control: the existing gap between power structure and power operation; too much emphasis of the power control program on its macro control along with the ignorance of the impacts of Confucianism on power operation and that of behavior control of the executive in private and microcosmic domain On the basis of prevailing jurisprudence that the right of privacy of the executive should be restricted, it is of great significance to design an institution that conforms with Chinas power structure and controls the behaviors of the executive in their private and microcosmic domain as well, only in this way can the negative effects of the living law of Confucianism on the order of power operation be avoided. |
