Constructing the Optimal Restriction Mechanism of Constitutional Fundamental Rights on Executive Power Based on Numerical Optimization Methods

Abstract

The convergence of constitutional fundamental rights and administrative enforcement power should pursue multiple legal values, which requires that the operation of the power therein should be more division of labor than cooperation, and that constraints and synergies should be given equal importance. The article will construct the basic constitutional rights and administrative power into the constitutional construction of the subject and the subject of the executive branch, the introduction of the evolution of the game theory to construct the constitutional construction of the subject and the subject of the executive branch of the evolution of the game model, and the design of the game model of the gain function, the replication of dynamic equations and ESS equilibrium point. The initial value of each parameter in the evolutionary game model is set, and the evolutionary stable point of administrative power is simulated by MATLAB software, and the influence of the reward and punishment allocation coefficients on the evolutionary results of the system is explored. When the system evolution stable point strategy is (0,0) and (1,1), the two sides of the game tend to the stable equilibrium state of active cooperation, strengthened regulation and strict supervision. When the reward distribution coefficient and the punishment distribution coefficient gradually increase, the two sides in the evolutionary game system tends to stabilize the point (1,1) the faster the rate will be. In the process of constructing the fundamental rights of the constitution, combining internal and external with the administrative rights list monitoring mechanism can realize the optimal restriction on the application of administrative rights and promote the orderly and stable operation of administrative power.

Keywords: evolutionary game; replication dynamic equation; ESS equilibrium point; constitutional fundamental rights; administrative power