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On The Operation And Legalization Of Partner Assistance

Posted on:2011-03-27Degree:DoctorType:Dissertation
Country:ChinaCandidate:T LiuFull Text:PDF
GTID:1116360308983045Subject:Demography
Abstract/Summary:PDF Full Text Request
Partner assistance is not a newly-coined expression, whose notable achievements in the post-disaster reconstruction of WenChuan Earthquake are really inspiring and hopeful.On the post-disaster reconstruction site of WenChuan Earthquake, people there work so hard that they fairly make the sparks fly. With mixed accent of north and south and from nineteen provinces and municipalities, builders regard the disaster-striken area as their second hometown, proud of their masterpieces, better sachools and hospitals etc.than their own back in hometown,which are the direct results of their overtime working ways--- "weekendless working" and "nightless working". Partner assistants warm the hearts of the earthquake victims with their passions for life and the rapid changes with each passing day brought about by their wisdom and perspiration. With the success of partner assistance in the post-disaster reconstruction of WenChuan Earthquake, various doubts begin to disappear. At the very beginning, some people couldn't understand why other provinces and municipalities should give unpaid assistance to the reconstruction in the disaster-striken area. During the process of reconstruction, many people were worried about whether the unpaid assistance could last for long since local governments, by nature, aim at maximizing their profits. However, the unexpected success of partner assistance in the reconstruction not only helps disperse these doubts but also wins continued social attention:officers attempt to establish the partner assistance as a long-acting system in "the great helping the small"; businessmen try to develop huge business opportunities hidden in the regional cooperation; scholars explore the operational mechanism and its impetus for the success of the partner assistance.Happy with the success of the partner assistance in the post-disaster reconstruction of WenChuan Earthquake, people still want to know:How the above-mentioned partner assistance operates? How come it succeeds? Is there any problem with its operation? Answers to these questions are of great theoretical and realistic significance, because if we can theoretically uncover the secrets of the successful operation of the partner assistance in the post-disaster reconstruction of WenChuan Earthquake, if we can extract the general theories in its operation and if we, based on our exploration, can extend this success in practice, we will fortify ourselves against all kinds of natural disasters, including earthquakes, floods, etc. In doing so, we can find a new and practical path for the "two steps" strategy, first of develpoment of some areas, then of mutual development with some underdeveloped areas being helped by developed areas. In the support and cooperation, the national spirit of unity and mutual aid and passing difficult times together will gradually come into being and become stronger and stronger. Therefore, the main task for this dissertation is to explore why the partner assistance operates successfully in this case and how to carry it on in future.The previous research focused on experience summarization and problem exploration of partner assistance and provided corresponding countermeasures. Although the institutionalization of partner assistance was forwarded, no concrete and detailed research was made. Switching from the previous model of experience summarization and skin-deep discussion of institutionalization, this dissertation, based on the individual case of the post-disaster reconstruction of WenChuan Earthquake, employs empirical analysis, value analysis and normative analysis to investigate the operational mechanism of partner assistance and offer the prelimilary conception of its legalization.The dissertation follows the basic conception:first to make clear of the whole process from startup to implement and the operational mechanism of partner assistance of the post-disaster reconstruction of WenChuan Earthquake; then to extract the general theories for partner assistance; finally to structure corresponding legal system. The subproblems discussed in the dissertation centre on the general problem "why the partner assistance operates successfully in this case and how to carry it on in future", including:how did the partner assistance start? how does it operate? what is the legal attribute for its operational rule? How to legalize its operational rule? Thus, besides the introduction and the conclusion, the dissertation falls into five chapters.Introduction:the problem to be solved is raised, previous research reviewed and the research methods and basic conception employed by this dissertation fixed.Chapter one:the investigation of the startup process of and the driving mechanism for the partner assistance in the post-disaster reconstruction of WenChuan Earthquake. At that particular moment, it was almost impossible for the disaster-striken area alone to bear the heavy burden of reconstruction and government inputs were hindered by its financial system. There were a series of difficulties, such as the impact of financial crisis,the approach of the Olympics and the pressure of stability in the disaster-striken area. Faced with such realistic background and institutional drawback, our central government rationally chose the common practice to reconstruct with all strength and resources gathered from the whole country and hence partner assistance was an emergency measure for central government against that particular spatial and temporal background. Central government drew up specific plan and held the highest-ranking meeting to make special arrangements. Partner assistants attached great importance to this job and firmly suppported and actively responded to central government's, arrangements with their quick action. The morality to help the victims of the disaster and the political pursuit to quicken the development of the disaster-striken area were the motive force for central government's partner assistance policy. The authoritative system played a key role in the partner assistance and political mobilization was the direct force for it.Chapter two:the operation of partner assistance, especially the evolution of its behavorial patterns.The partner assistants comprehensively and accurately carried out central government's policy when they unilaterally gave aid in the form of labor, material and financial resources for the reconstruction concerned with the people's livelihood,from urban-rural housing, public infrastructure,and public service facilities to intellectual support and industrial help. After the people's livelihood was restored, partner assistance evolved into partner cooperation in the form of industrial park building, importation of enterprises into the park and distinctive industry supporting. With the change of behavorial patterns, the operational mechanism for partner assistance moves from political mobilization and authoritative command to negotiation on equal basis and market operation, behavorial motive switches from unpaid assistance to mutual benefit and win-win result,and behavorial basis evolves from administrative files to cooperational agreements. This indicates that the local government, based on its own practice, actively promotes the operational change of partner assistance from implementation of political task to fulfillment of legal obligation.Chapter three:the operation of partner assistance, especially the influence of the changed behavorial pattern on the relation between central and local government.As for the local government's flexibility in implementation of the partner assistance policy,the central government shows its tolerance, acquiescence and support and eventually incorporates partner cooperation in the partner assistance policy.Furthermore,the behavorial pattern of local government's partner cooperation results in the partner cooperation between central and local government.Agreements between ministries and provinces symbolize a change in central government's mode of profesional guidance from administrative instruction to negotiation on equal basis.Based on equal negotiation and mutual benefit and win-win result, administrative cooperation between central and local government develops quietly.Chapter four:the legal attribute for the operational rule of the changed behavorial pattern of partner assistance. After a careful investigation of administrative contract theories, the dissertation contains an analysis of all kinds of agreements between governments and concludes that such agreements are made between executive branches without administrative legal relationship, guided by the principle of free will and equal negotiation and aiming at mutual benefit and win-win result and that the content of these agreements is beyond the legal functions of executive branches concerned and shows the spirit of private law. The new era of governmental contract cooperation comes with the appearance of agreements between different layers of governments,which indicates a change in the relation between central and local government from an administrative order-obey relation to an administrative-obedience-and-mutual-benefit relation. In addition, the former regional competitive relation between local goverments is gradually replaced by a relation of mutual benefit and cooperation. The change of legal relation between governments is an approach for governments and their branches to pursuit and realize benefits and an inevitable choice under the influence of the double factors,that is,market economy and governmental lead in economic development, which shows a realistic necessity to incorporate the spirit of private law in administrative law domain.Chapter five:the legalization of partner assistance mechanism. Partner assistance mechanism is of great practical value in several aspects:eastern region helping develop western region; Han nationality supporting minority nationality region's development, promoting cooperation between developed and underdeveloped areas;furthering the compensation of ecological benefits,etc. However, there are still some problems in the operational mechanism of partner assistance in the post-disaster reconstruction of WenChuan Earthquake, for instance, too much administrative instruction and unbalanced pairing,etc. Therefore, it's very important to construct corresponding legal system to rectify and solidify the mechanism. After proving the legitimacy of partner assistance from sociological and ethical perspectives, the author, based on the behavorial change, operational mechanism and the corresponding change in behavorial relation between governments in the post-disaster reconstruction of WenChuan Earthquake, puts forward fusion of public and private law as a new model of legal construction for partner assistance, which means introduction of the contract spirit of private law into cooperational agreements, perfection of administrative legal system, such as horizontal financial transfer payment system and official incentive mechanism,etc.and the ultimate legalization and normalization of partner assistance.Conclusion:a conclusive answer to the question of "why the partner assistance operates successfully in this case and how to carry it on in future". The dissertation comes to a conclusion that cooperational mechanism based on govermental contracts and its legalization are the further impetus and guarantee for the successful and sustainable operation of partner assistance.
Keywords/Search Tags:partner assistance, operation, legalization
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