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我国一切权力属于人民,人民代表大会制度是人民民主专政的具体形式和权力在民的集中体现,行政权和司法权同属于人民公权的执行权,司法权侧重执行权中的判断,行政权侧重执行权中的管理。长期以来,人民公权与行政权、司法权的关系不能严格依法行使,导致人民公权弱化,司法权过度依附行政权的局面。因此,应该进一步理顺宪政规定的权力间相互关系。
All the powers in our country belong to the people. The system of the people’s congress is the concrete manifestation of the people’s democratic dictatorship and the centralized manifestation of power in the people. The executive power and the judicial power belong to the executive power of the people’s public power. Judicial power focuses on the judgments and executive powers Focus on the management of the executive power. For a long time, the relationship between the people’s public authority and the executive power and the judicial power can not be strictly exercised according to law, leading to the weakening of the people’s public power and the over-judicatory power of the judiciary. Therefore, we should further rationalize the constitutional provisions of the power of mutual relations.