A, connotation:

   Also known as the principle of separation of powers, that between the various parts of the state power to supervise each other, each other, the protection of civil rights principles. The principle of the state power restriction on state power under the surface, deep reflects the control rights of citizens to the state power.

  The separation of powers and checks and balances is the human rights safeguard specific system and auxiliary system, improper exercise of power by the checks and balances to prevent separation between rights, thus ensuring human rights.

Two, theory and history

   Contains the separation and balance of powers of 2, corresponding to the autocracy and centralization. The separation of powers and checks and balances, refers to the state power to legislative, administrative, judicial power in accordance with the nature of power, three from three institutions of each exercise, mutual restriction between each other, and reached equilibrium.

  Rock of Britain proposed decentralization theory, that the state power into legislative power, administrative power and the diplomatic power.

  Montesquieu of France, the political practice of Britain, that state power should be divided into legislative power, administrative power and judicial power, the three rights are exercised by the three organizations.

  Theorist Marx socialist countries also affirmed the thought of separation of powers, both power and the functions of the division of labor, to emphasize the supervision.

  Sun Zhongshan put forward the thought of constitutional government, examination power and supervision power, which is exercised by the five organizations.

Three, the constitutional principle embodied in the,

 In 1787 American constitution is in accordance with the principle of typical separation of powers, checks and balances, established the national polity.

 The French Declaration of human rights ", where rights without guarantee and decentralization is not established society, has no constitution."

 Separation of three rights USA, all kinds of rights is equality, legislation belongs to the Congress, the executive power belongs to the president of the judicial power of the court.

 The UK and continental European countries pursue the supremacy of Parliament, parliament is the highest in legal status between state organs.

 The French constitution established the executive represented by the president of priority system. That is...

 Separation of the three ring is not strictly, from a practical point of view, some functions may be exercised jointly by many organs.

 The distribution reflects the various social relations of power in the three right between the present state of imbalance, Parliament function decline trend, expansion of executive power, judicial the strengthening of the administrative power and legislative review.

  The socialist countries in principle does not recognize the decentralization theory, that the state power is an organic whole, thus the authority cannot be separated, in addition to the separation of powers led to various organs passing each other, work efficiency is low, influence the realization of people's power.

Four, the provisions of our Constitution

  China's Constitution clearly stipulates the principle of democratic centralism, and the provisions of the National People's Congress is the highest organ of state power.

The law stipulates:

  National institutions of the people's Republic of China shall apply the principle of democratic centralism.

   Division of the central and local state organs, followed by the central authorities under the unified leadership, initiative, enthusiasm of the local authorities from the principle.

  The National People's Congress is the highest organ of state power, permanent body is the Standing Committee of the National People's Congress.

  Together they exercise the legislative power of the state.

  The National People's Congress and the local people are democratically elected, responsible to the people, subject to the supervision of the people.

  The state administrative organs, judicial organs, procuratorial organs have the National People's Congress, responsible to it, subject to its supervision.