People Oriented And Construction Of The Rule-of-law Government

This dissertation centers the discussion on why and how to construct the rule-of-law government, taking the important subject of current Chinese constitutional construction— the rule-of-law government as its topic, setting people oriented as the concept of value and the profound spirit of rule-of-law government. Along the thinking route from abstract to concrete and again from concrete to abstract, firstly It discuss the general theories of the rule-of-law government and people oriented respectively, then probe into several important problems of constructing the rule-of-law government, including administrate power according to law converting the government function make decision by law, etc. The correlations between the active and negative responsibility of the government are also be discussed by combining people-oriented and the government responsibility. The dissertation is composed of seven chapters that are organized as one unified entity.Chapter 1 commences from the concept of the rule-of-law government which is the basic concept that can set off the discussion. Just like the rule of law concept, the rule-of-law government is also "a matchless important definition that hasn't been given and couldn't been given as one pleases". For the sake of defining the rule-of-law government, let's look back to the long river of history, in which the colorful thoughts and various government patterns of the rule-of-law government can be found. On the basis of summing up these thoughts and practices, I give the definition as the following: one kind of system idea and designs that is closely-related to the political frame and the operation of laws of the state, taking good laws as the premise, taking the rule of law as the symbol, taking restricting the administrative power as the basic principle, taking the citizen rights guarantee as the purpose, having the characters of incorruption credit limit > service and responsibility, etc. The rule-of-law government has the predestined relation with the constitutionalism just as soon as it came into being, which means they can supplement each other: the constitutionalism is the political basis of the rule-of-law government, and the rule-of-law government is the basic contents and important guarantee of the constitutionalism. At current China, the construction of the rule-of-law government is an important task of constructing the constitutionalism, and it is a complicated system engineering rather than simple work.Chapter 2 is the argument on people oriented as the profound spirit of the rule-of-law government. It's necessary to explain the general theories to pure source of origin since the confusion appeared on the understanding of person-based such as some people equal it to "taking me as the origin", "taking ego as the center". In fact, people-oriented is a not only old but also new topic, and the thoughts of it emerged quite long ago both in China and the West. China's traditional person-based thoughts took "the person is valuable", "cherish the people" as the main contents, meanwhile the West traditional humanism took "humanity", "human rights" as the core, and Marxism's humanitarianism centered the contents of the persons inbeing, the persons value and the persons development. The following conclusions come from the above thoughts: people-oriented is taking the people as it's origin, purpose and motive, and everything is from people, for people and depending on people. Civilian-based came into being when the government adopted the people-oriented concept, which had different manifestation at different period. "The civilian is of high value while the seigneur is of low value" was the ideals of Chinese ancient while "human-rights government" was demands of the Western modern wise man. At contemporary China, the government is a government of people, a government insisting using the power for people, fastening the passion to people and seeking the benefit for people. From the people-oriented dimension, the rule-of-law government is the result of the thinking & grasping of the existence & value of the person and the rationality of the government. The public opinion is the foundation of the rule-of-law government legitimacy, the people's benefit is the conduct guide of the rule of law government, and the civil rights is the profound value of the rule-of-law government.Chapter 3 illuminates the necessity of government transform by investigating traditional government pattern. The Chinese traditional government is a kind of typical monarch and autarchy mode that lacks people-oriented spirit. It is not only represented as such characters: emperor power is the highest, the administrative power is strong, rule of individuals prevails and the law is just vassal, but also the phenomenon that it makes minister and people's body be subjected to tight control and human rights is seriously trample. The government mode must be transformed since it "makes a person not be a person anymore". One of the great achievements of the Revolution of 1911 is that it rest with overthrowing the autarchy government, and start the government mode transformation toward the bourgeoisie class democratic government. However, becauseof the limits of epoch and class, the Chinese traditional government mode transformation did not complete; the separatist regime and the confused conflict of the warlords make Chinese people still be placed in deep water and scorching fire. The founding of new China ended the history of the monarch government completely and the constitution gave the provision to the people's democratic government mode. Certainly, because of the history and reality reason, the people's democratic government mode has thus or so shortages in reality until the Third Plenary Session of the 11th Party Central Committee of the Party. The lessons that the history gives to us is: the democratic government and the rule of law government can't separate. For removing the vestiges of the traditional government mode, to realize person-ed actually, we must construct the rule-of-law government.Chapter 4 discusses the necessity and main paths of administration by law from people-oriented angle of view. Administration by law is the concepts system and action which takes good law as the logical starting-points according with law as the basis> affirming or changing the rights & obligation as the main contents s administrative legislation and enforcement of law as composing elements of the government conduct. It is important guarantee to citizen's rights and the core & key to the rule of law government. In order to implement people-oriented principle, it's necessary to realize the transformation from management-law to right-law, taking right-based as the value choice of the administrative legislation, promoting the legislation mode of participating in, taking judicial checkup on administrative legislation; strengthening and promoting administrative enforcement of law, practicing executing law on humanity, preventing the government from infracting the civil rights due to abusing it's power nor executing law strictly. For the sake of the realization of person-based, the following measures must be taken to administrative enforcement of law: (i) giving cutting quantity power freely of administrative act with strict limitation; (ii )using justice procedure to control power while insisting natural fair & square principle; (iii)providing sufficient right almsgivings by perfecting administrative reconsidering ^ administrative litigation > administrative compensations administrative expiation.Chapter 5 discusses the necessity and main paths of transforming the government function from people-oriented angle of view. Actually the government function is the government's role and status that decide the government's size> efficiency and main tasks. The government function is not concretionary and the specific contents of it are differentat different time and in different nations. The modern government function has the outstanding characteristic of legak criterion-. commonality. To the rule-of-law government, implementing the government function actually and completely is the responsibility that it has. Since the People's Republic of China was founded, the transformation of the government function experienced a devious way from laying equal stress on political and social function to political function as focus n from taking class struggle as the key link to economy construction as the center > from direct economy intervention to pay attention to the macro controL from over-emphasizing the economic function to over-emphasizing the society management & public service function. Carrying on the introspection into this twists process, we can get the profound apocalypse, that is: right government concept is the precondition of positioning the government function correctly % the lawful prescript of the government function is the system guarantee ^ explicit government target is the direction index of the government function transformation > transforming the function is the key and core to the innovation of the government management. In order to construct the rule-of-law government, we must insist on person-based, urging sincerely the government to implement the social public function actually. At contemporary China, it's the key point of the government function to set up and carry out the scientific development view> promote society & economy and the people's overall development perfect social ensure > maintenance the society stability > strengthen the crisis management and guarantee the society safety.Chapter 6 discusses the importance and main paths of the government's decision-making according to law -. scientific decision-making and democratic decision-making from people-oriented angle of view. The government decision-making is important composing part of the decision-making and one important activity of the government. The right decision is the premise and foundation of carrying on the government's work successfully. For the sake of the assurance of the right decision-making, it is necessary to practice decision-making according to law> scientific decision-making and democratic decision-making, which are the important embodiment of person-based in government decision-making and main contents of constructing the rule of law government. At present, even our government decision-making has made great advances, however the whole level is still lower. In order to construct the rule of law government, we should insist on people foremost, optimizing the government's decision-decision, realizing the decision-making lawfully -, scientifically anddemocratically, improving the level of the government's decision-making.Chapter 7 combines person-based with the government responsibility. The government responsibility has many provisions. It is the responsibility of the government according to it's particular role> the responsibility of the government as the power possessor and it's a kind of public responsibility. Person-based and being responsible for people is the ative responsibility and the government will take on the negative responsibility as disadvantageous result of the negativity when it doesn't implement or doesn't implement the first nicely. The government responsibility has the function of value, which is the substance factor of the rule-of-law government and important guarantee to person-based. At contemporary China, the realization of person-based depends on fulfilling the government responsibility to its conduct. For this, the government officials' responsibility consciousness must be enhanced and the government responsibility system must be promoted.