On the Reality of the Predicament of the Rights to Restrict Power in China

The rights to restrict power has been recognized by our scholars as one of the fundemental modes to restrict power,which is based on the theory of people's sovereignty in the context of supremacy of civil rights,applied in the mature civil society,and needs rather complete guarantee of constitutional lawsuit system.Through the intepretation of the meaning and the core of rights to restrict power,this article points out the three major predicaments of realizing this mode in China as follows:the lack of material security for the realization of rights,which reduces the discourse of rights to a rhetoric devices,the immaturity of civil society and the absence of constitutional lawsuit system.Based on the understanding,this article aims to find a feasible way of eliminating the predicament.