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Societies Regulations And Cooperative Governance

Posted on:2017-05-19Degree:DoctorType:Dissertation
Country:ChinaCandidate:W H JiFull Text:PDF
GTID:1106330488497635Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Social governance has been taken more and more importance in China currently and public administration becomes a significant impetus for administrative law development. Under circumstance of cooperative governance, corporations play a fundamental role in public governance. Cooperative governance model runs according to rules and governing specifications shall be multi-component. Association rules turn into main basis of social autonomy and accord with development of administrative law. They can interact harmoniously with normative system of administrative law in management structure. As such, they can make administrative law become an organic integrity of rules from many source, which are harmonious with each other. Meanwhile, association rules can promote logical formation of administrative law governance and safeguard realization of public governance efficiency by leading to goodness governance administration. They can be important media for researching social public powers, favorable material for soft law studying and significant norm group of cooperation governance. They can provide abundant theoretical resources for legitimacy and properness and play an important role in advancing rule of administrative law and social governance etc.Association rules regulation has special binding force basis different from national law. They undertake the formation and enforcement process of social powers, which establish effective foundation for them and make them appear obvious tendency of public law. Corporation members voluntarily approve inherent recognition rules resulted from consensus and confidence, which provides intrinsic effective basis for association rules. They exert social regulative influence, in field of legal flaw, mainly by their autonomous and organizing skills such as deterministic force of rights and duties, persuasive ability of sanctions and implementation, realizing force of multiple interests and structuring capacity of internal order.Association rules are endogenous for community autonomy. With the help of communication coordination and consensus cohesion, they have become indispensible management power for realizing multiple values such as self-legislation, democratic consultation and social capital accumulation. During the course of administration, they present many characteristics including multidimensionality of governance relationship, diversity of enforcement procedure, hierarchy of administrative fields, consistency of drafting and implementing etc. As far as governing mechanism is concerned, association rules can balance rights and interests intertwined with each other, facilitate bargaining quality of subjective relationships, promote the formation of self-generating order and safeguard legality foundation of corporate governance.Laws and association rules have different basis of power, effecting scope, value criteria and operational procedure, which determines the complementary relationship between them. They both have their advantages and can cooperatively realize governance in aspects of standard and value. Association rules can permeate into state legislation and affect the formation and enforcement process of national law. In the meantime, corporation rules shall be guided by laws and realize their benignant development. Focusing on association rules in normative system we can profoundly understand basic ecological environment of developing administrative law and look into its role in legal administration like updating concept of administrative legislation, strengthening functions of administrative legality and furthering system reformation of administrative lawsuits.The basic requirement of cooperative governance is rule of law, which can make association rules display their efficacy in filling up governance loophole of law. Due to complexity of governance construction and finiteness of resources, association rules not only have some problems such as lack of legality and vagueness of responsibility boundaries, but also face institutional barriers in realizing multiple interests and resolving disputes. Based on public law system, we shall gradually promote the legal source status of association rules in administrative law. Besides, rule of law principle shall apply to association rules in order to make them form certain rules system combined with national laws. In aspect of governing path, we shall actively construct mechanisms of association rules such as reputation punishment, social participation, burden sharing and legal supervision so that an interdependent win-win governance pattern can come into being.
Keywords/Search Tags:association rules, administrative law, Cooperative governance, social powers, soft law, rule of law
PDF Full Text Request
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