A Study On Equality-oriented Government

Why need to build equality-oriented government? Whether equality-oriented government merelytheoretically clarifies that relationship between government and people should be originally equal? Howto build one equality-oriented government from the practice? These three questions to be answered isthe aim of the paper.This paper focuses on the refining and rules of category, a variety of research methods asphilosophical speculation, political analysis, analysis of theoretical basis and administrative practice ofadministrative law are adopted to discuss comprehensively and systematically relevant theories ofequality-oriented government and the relationship among equality-oriented government,“possessiontransfe of natural rights”,“theory of balance” and “theories of administrative law”.The paper argues that the logical premise of equality-oriented government is equality betweegovernment and people. From the legal basis interpretation perspective, legitimacy of governmentpower, it analyzes two forms of source of government power as well as the reasonable orientation ofthe relationship between government and people,“necessity and feasibility of construction ofequality-oriented government", and put forward the construction of "equality-oriented government"conforming to the trend of the times.Concerning serious imequilibrium between administrative rights and civil irghts in China, it isnecessary to review and to further discuss the administrative law theory.According to “Theory ofBalance”, the core issue of administrative law is to deal with the relationship between the executivepower and civil rights. Thus the ultimate goal of theories of administrative law is the construction ofequality-oriented government. Therefore, the behavior of the government is the common concern oftheory of balance and theories of administrative law regarding the relationship between administrativepower and civil rights as the theoretical research centre.In the face of the imbalance between executive power and civil rights,the paper regards itnecessary to protect civil rights in the administration from the erosion of executive power and worthyachieving equalization between government and citizens, namely to balance state power and civilrights.The basic contradiction of administrative law is how to deal with the relationship betweenadministrative power and the administrative relative person, which must be through the legal statusequalization between government and citizen. According to "theories of administrative law", toequalitize relationship between government and people and even to achieve the legal status equality between is fundamental value of modern administrative law. Thus the ultimate goal of theories ofadministrative law is to realize the harmony between government and citizens, which is showed that thesound interaction and trust cooperation between public advantages and personal interests. This is theconstruction of equality-oriented government. It is implicated that theories of administrative lawcontains a balanced category, and the theoretical connotation of theories of administrative law andtheory of balance have quite a lot in common.From the viewpoint of the purport of this article, the construction of "equality-orientedgovernment" first needs to be improved from the system, and to perfect administrative procedurelegislation and administrative relief legislation would be the first to bear the brunt. This paper aims topolish up the legislation of administrative procedure,one important factor to restrict administrativepower and incite citizenship,also an important force for promoting the balance between administrativepower and civil rights, and by means of the codification of administrative procedure for constraint andincentive can the final structural balance between power and right be reached. Therefore, perfectlegislation of administrative procedure can not only increase the remedy of civil rights, and protect civilrights being affected by the illegal or improper administrative acts, but can strengthen the supervision ofadministrative power, promoting positive legislation and keeping a closer direction toward practicalenforcement. In addition, this paper also argues “equality-oriented government” construction needs theinnovation starting from the system, to promote administration by law, to devolute government authorityin society, to strengthen public-private cooperation and to promote private regulation.The paper concludes that “equality-oriented government” shares a common spirit with“government by law”, that is to construct while constructing “equality-oriented government" requiresa limit of government power and inviolability of citizens’ personal basic rights. The equalization trendbetween government and people tends to be inevitable throughout historical development, whichrepresents the will of the vast majority of people; equality-oriented government has an irreplaceablepractical significance in the process of the political civilization construction.