论权力资源的法律调控动因

对权力资源实行法律调控,是法治的重大主题,是权力资源合法化的必经之途,是抑制权力弊病所必需。权力资源对社会历史有重大作用,但也容易滋生弊病:作为一种支配性力量,权力资源是使许多追求它的人堕入深渊的重要原因;一个被授予权力的人,总是面临着滥用权力的诱惑;权力的行使常以不可忍受的压制为标志;不受制约的政治权力乃是世界上最肆无忌惮的力量之一;对自由和权利而言,最大的威胁和危险来自权力的滥用和权力的侵害。抑制权力资源的弊病,离不开法律调控。对权力资源实行法律调控,亦完全可能。法律可成为权力来源的制度渠道,先进的法律注重寻求国家生活的稳定和进步、社会生活的和平和安宁,因而对权力往往表现出来的侵略性、扩张性具有天然的抑制作用,发达的法律制度总是经常致力于阻止压制性权力结构的出现。权力和法律都是强力的象征,法律对权力资源实行调控是强强碰撞和强力之间的抑制和平衡。当然,法律对权力资源的调控作用并非没有限度。

Some Observations on the Agent of Adjusting and Manipulating the Power Resources through Legal Means

Effective manipulation of the power resources through legal means reveals a major theme in the course of governing by law, and, it also exhibits an inevitable process in legalizing the power resources and a must in effectively manipulating malpractice of the power resources. The power resource, in fact, plays an overwhelmingly essential role in the development of human history on the one hand, nevertheless, it is prone to propagate some negative affectations i.e., when used as a dominance power, it becomes an unavoidable cause which lures quite a number of power pursers into a deep chasm; any one given power may fall into temptation of abusing it; exercise of one's power is constantly characterized by an unbearable repression; the unrestricted political power is one of the unprecedented unscrupulous powers, and finally, as for liberty and right, most fearful threat and jeopardy result from the abuse of power or infringement of power. Effectively restricting malpractice of the power resources relies upon the adjustment and control of the power resources through law. Undoubtedly, it is perfectly possible to adjust and control the power resources through law. Law may be one of the institutional channels. An advanced law lays stress on seeking stability and progress in national life, peace and serenity of social life, and exhibits its inherent restriction over the aggressiveness and expansiveness of the power. A developed legal system invariably refrains the suppressive power structure from its appearance. Both law and power are the sign of force. The adjustment and control over the power resources are actually one power challenging with another and show the restriction and balance each other between two powerful forces. The function of adjustment and control over power resources through law is, surely, not without limitation.