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Study On Governmental Setup Legalization

Posted on:2012-04-12Degree:DoctorType:Dissertation
Country:ChinaCandidate:X M GuFull Text:PDF
GTID:1226330371955512Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
This paper intends to deeply study the issue of governmental setup legalization of our country based on the study of administrative setup management legalization. The study of governmental setup legalization has a significant meaning to the study of administrative law theories and also has a deep meaning to the real society. Promoting and realizing governmental setup legalization has a significant and far-reaching meaning to the construction of our government ruled of law, the further reform of our political system, and the bottleneck breakthrough and thorough implementation of our economic system reform.The whole paper consists of 7 chapters: Chapter One: Introduction. First, the author briefly introduces the background and meanings of his choice of this topic, and then summarizes the bibliographies used for the study of governmental setup legalization, describes the current domestic and foreign study situation and level of the topic, and explains the scope and way to use bibliography in this paper. Just because of the special situation of our country and the study of the legalization of the administrative setup management system of our country, the study scope of this paper is defined as study on the legalization of governmental setup. The whole study is based on the study of administrative setup management legalization. The study methods adopted in this paper include: method of system theory, study of laws and regulations, method of historic analysis, method of comparative analysis, and method of statistical survey. The theoretical study is based on concepts, and in the fourth segment of the part“Introduction”of this paper, the author strictly define all the key terms. Lastly, the author introduces the structure and style of this paper.Chapter Two introduces the difficult situation of the governmental setup management of our country, which is in fact the logic starting point of this paper. In this paper, the author, from both of a reality standpoint and a theoretical standpoint, introduces the difficult situation of the current governmental setup management of our country, instead of just simply talking about the current situation of the governmental setup management of our country. What is the current difficult satiation? What is the difficult satiation on the aspects of systems and laws? What is the difficult theoretical situation? A summary is made based on the profound analysis of the reality: there should be a theoretical system for the governmental setup management of our country that can fit the reality of China, suit the tradition and culture of China, and adopt the most advanced theories and management experiences of the world. Chapter Two is a good preparation for Chapter Three to unfold the theories of governmental setup management.The contents of Chapter Three are the introduction and argumentation of the theories of governmental setup management, including the introduction to the traditional culture and theories of our country, the ideas and scattered theories reflected in the governmental setup management practices after the establishment of the People’s Republic of China, and the governmental setup management theories of the western countries. In this Chapter, the author compares and argues those theories to try to establish a new theory. While we introduce those foreign experiences, the more feasible thing to do is to learn from those experiences fitting us, compared with the value of those theories. Next is Chapter Four, in which the governmental setup management experiences of the western countries are introduced, but the enlightenments to us are focused on. Those foreign experiences include the experiences of those traditional countries under the continental law system and the experiences of those traditional countries under the Anglo-American law system. As Japan adopts the advantages of both of the two law systems (the continental law system and the Anglo-American law system), and also because many of the modern and contemporary law experiences of our country are introduced from Japan, the experiences of and the enlightenments from are introduced and discussed in a separate segment. Then the author introduces the experiences of Taiwan Region. Though the Taiwan experiences are considered as foreign experiences, in the legal theory, Taiwan and the Mainland are the same country, and moreover, they have the same language and are the same race, and the only difference lies in the separation of 60 years. On some level, Taiwan is a template and experimental area of the contemporary rule-of-law construction of the Mainland. Of course, the author is aware of the big differences between the Mainland and Taiwan on the aspects of scale and economic and cultural development while discussing the Taiwan experiences. So the Taiwan experiences are introduced in a separate chapter.The establishment of the governmental setup management system of our country is the focus of this paper and is divided into two parts, which are Chapter Six and Chapter Seven. The author tries, from the two different angles and levels of system construction and law construction, to discus and find how to establish a governmental setup management system to realize the legalization of the governmental setup management of our country.
Keywords/Search Tags:Governmental setup management, governmental setup system, governmental setup rules, legal construction
PDF Full Text Request
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