The Nomocracy Of Government Is The Fundamental Way To Construct The Service Government

The service government is the tendency of the developing mode of government at present. Our government has achieved great effect in the construction of service government advocated by local authorities since 2002. Our central government called upon the construction of service government in 2004, and as well made it clear in the report of 17th People's Congress that to accelerate the administrative system reform and to construct service government. It's the fundamental aim and target of the administrative system reform of our country to construct the service government. It is the symbol of the construction of service government and also the necessary choice of the development of our government to perfect the duty systems of government and public services, to carry out electronic service and to strengthen the social operation and public services.At present, bottleneck appears in the process of constructing the service government. Such phenomenon as bureaucracy which block the construction still exits. It's still a pervasive thing to stress man's power and lighten the laws, which regards the public administration as the tool of maintaining the dominion of government, while neglects the functions of serving and directing. In this way, the notion of service government has not been formed yet. It still exists that the transformation of government duty is not fully performed, together with the disorder of law execution. We can still see that the mechanism reform of government is not complete, the mechanism setting is not reasonable, the duty arrangement is confusing and the efficiency is quite low. There exist problems in regulation and the making of rules, as well as in the law performance and supervision. The insufficient awareness of law in public servants greatly affects the performances of government. How to solve the above problems is the core of research of this thesis. The author of the present thesis holds that the solving of them must rely on nomocracy. It's the internal requirement and necessary choice of the construction of service government to depend on government nomocracy which guarantees the progress of the notions, functions, and organizations of government. The service government depends on the nomocracy of government.Based on the above analysis, this thesis develops with the fundamental theories, viewpoints and methodology of Marxism, using the research methods of value analysis, positivism and comparison, combining the practical conditions of service government construction at present, surrounding the topics of"service government is the target of developing government mode, the problems arose in its construction and its internal requirement, as well as the problems arose and their solutions."The mechanically combination of service government construction and nomocracy is the striving target.This thesis is divided into six parts.The first part is an introduction of the origin of the research and its significance. It draws out the point that nomocracy of government is the essential method and lawful guarantee of the construction of service government. Based on the existing references, the core point and direction of the research are made clear. The frame of analysis, the solutions and the research value are also pointed out.The second part is about that the service government is the target of government development. This part firstly analyzes the present appeal for the economic society development and the theoretical basis of construction of service government. Then, the key definitions and their characteristics are explicitly explained. At last, this part illustrates the present exploration of our construction of service government. Based on the feasibility of the construction and the present conditions, it develops into the following part.The third part is about the analysis of the current difficulties in the construction. This part is introduced with some typical examples, orderly explaining, generalizing, concluding those five aspects of government's mechanism reform, government's performing mode and government's working staff's quality. Then it illustrates the existence of man's ruling, the unbalance of power distribution and the lacking of lawful guarantee in government performance. The main reasons include the lacking of people's awareness of defending their rights; the administrative methods are still prevalent in government administration; the imperfection of nomocracy and supervision; the roles of government is still manipulating instead of serving.The fourth part is about that the nomocracy of government can lead the service government construction out of difficulties. This is the main part of this thesis. This part focuses on how the nomocracy lead the construction out of difficulties. Firstly, it introduces nomocracy and its connotations and characteristics. Its characteristics comprise that the government must be democratic, which is determined by the power source of government; the government must be restricted, which is determined by the quality of its power; the government must manage, which is determined by its function; the government must be responsible. In the society ruled by law, the essence of right is duty. The government which manipulates must be responsible. It must be equal, which is determined by its developing tendency. Equal government is the final aim of development. In the second place, the main principles of government nomocracy include legal administration, reasonable administration, just administration, open administration, upright administration and responsible administration. At last, the government nomocracy is the internal requirement of service government construction. The construction requires the superior quality in government notions, functions, organizations, mode of performance and public servants behaviors, which depend on the nomocracy of government. Thus, the standard of nomocracy and its reasons can be deducted from the analysis of the above points.The fifth part is the composition of the construction of government nomocracy. It mainly includes: the nomocracy of government notions---- culture of law; the nomocracy of government organization----deepen the administrative system reform; the nomocracy of government performance---- the harmonious development of law-making, law executing and supervision.The sixth part is conclusion. It is a reflection to the topic put forward at the beginning, and a brief conclusion of the author's viewpoint. It objectively analyzes the deficiencies of this research and some issues to be further expored.