Checks and Balances
制衡机制
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. Under this model, the state is divided into branches, each with separate and independent powers and areas of responsibility so that the powers of one branch are not in conflict with the powers associated with the other branches. To prevent one branch from becoming supreme, protect the “opulent minority” from the majority, and to induce the branches to cooperate, government systems that employ a separation of powers need a way to balance each of the branches. Typically this was accomplished through a system of “checks and balances”, the origin of which is specifically credited to Montesquieu.
分权原则是一个国家的管理模式,常被不严谨地与拉丁语中的三权分立原则(trias politica )混用。在这个模式下,国家的权力分为几个分支,每一个分支都有各自独立的权利和义务,不至于相互冲突。为了防止某一分支独大,保护和多数人不同的少数人的利益,并促进各分支之间的合作,分权的政府需要一种平衡各分支的方法。为此具有代表性的就是制衡体制,最先由孟德斯鸠提出。
Checks and balances allow for a system-based regulation that allows one branch to limit another. Both bipartite and tripartite governmental systems apply the principles of the separation of powers to allow for the branches represented by the separate powers to hold each other reciprocally responsible to the assertion of powers as apportioned by law.
制衡需要基于一个系统的体制,允许某一个权力分支对另一个进行限制。两权分立和三权分立的政府都需要权力分支在法律规定范围内相互管制和负责。
The typical division of branches is into a legislature, an executive, and a judiciary. This is adopted by the United States Constitution and other similar forms of government as well. The legislative branch is made up of the House of Representatives and the Senate to make the law; the executive branch is headed by the president to enforce the law; the judicial branch is represented by the Supreme Court to interpret the law. Checks and balances are achieved through the interplay of the three branches.
典型的分权方式是将权力分成立法、行政和司法三个分支。这是美国和其他相似政府形式采取的方式。立法机关由众议院和参议院组成,制定法律;行政机关由总统领导,执行法律;司法机关由最高法院代表,解释法律。制衡通过这三个分支间互相作用来完成。

