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近代以来的权力理论把人们引入了权力认识的误区,特别是作为权力理论经典的三权学说,代表了根据权力要素来认识权力的理论范式,它在实践中所作的权力制衡的制度设计永远也不可能完善。根据权力的存在形态而不是要素来认识权力就会发现,存在着两种基本的权力形态:一种是抽象权力,这是一种制度化的权力;另一种是具体权力,是建立在法律制度的基础上却由具体的人或具体的人格化的组织执掌并行使的权力。完善抽象权力的途径是法律制度建设,而具体权力的制约则取决于伦理力量。
The theory of power since modern times introduced people into the misunderstanding of power cognition, especially the three-power doctrine, which is classic of power theory, which represented the theoretical paradigm of understanding power according to the elements of power. The system design of the checks and balances of powers in practice was always Impossible to perfect. According to the existential form of power rather than the elements to recognize power, we find that there are two basic forms of power: one is abstract power, which is an institutionalized power; the other is specific power, which is based on the law System is based on the power of specific people or specific personalized organizations in charge and exercise. The way to perfect the abstract power is the construction of legal system, and the restriction of the specific power depends on the ethical power.