The central idea of this study is to establish a principle of Power Check. It identifies a need to reject the form of power totality in a socialist state like China, and affirms a necessity to keep state power checked by the meams of law. To this end, the Constitution of the People's Republic of China [PRC] should play a major role in providing both the principle and the legal framework for imposing limits and mutual checks on the state apparatus as public power. However, due to the current totality of power structure, the law lacks the independence and authority required for this task. There is therefore a need for a structural change through the Constitution.