The Logic And Path Of Administration-oriented Social Governance Model

The administration-oriented model, instead of administrative monopoly, will bethe possible dimension of China’s social governance system innovation, which isresult of motivation of history and actuality, as well as selection of governamentalstructure and way to exercise its power. There are three elements included withinadministrative-oriented social governance model: firstly, for the subject position,administrative organizations are holding a leading post, while on the other hand,social organizations and citizens are adjavant parterners. In order to offer publicsevice, subjects of good governance could be consist of government as well as socialorganizations. Secondly, as to the social governing measures, administrativemanagement is main methord comparing to economic regulation. And there will bedistinctive ways to deal with various social organizations, such as to intergarateselective surport with selective restraction. Thirdly, in the matter of legal regulations,administrative regulations and rules will be key parts of social governing legal system,and private law as well as social law will be served as complement. In the course ofsocial management, significance of administrative law’s functions will be highlightedday by day.In constitutional system, the regulatory relationship between governmentalauthority and social self-government is logic origin of administration-oriented socialgovernance model. In the first place, the governmental authority in a constitutionalcountry is reflection of national power based on theory of ruling by law anddemocracy, rather than outcome of totalitarianism, hostilities and lack of personalfreedom. Due to compulsory guarantee of national power, making it possible toconstruct and maintain legal order. Then, governmental authority could becorroborated by showing respect and surrender to law correspondingly. In social andpolitical life, administrative authority is rooted into governmental authority originallyand reflected in legal regime. Meanwhile, forming, using and controllingadministrative priority power is embodiment of administrative authority as well asgovernmental authority. Next, without governmental guidance or leading, it ispowerless to maintain legal discipline and social management by socialself-government and self-regulation by market force. No matter as it is or as it oughtto be, there are inevitable limination for social self-government. Such as, the socialpower has to be exersised in control of national power, and strength of self-mastery has to be restriced to several practical reasons. Moreover, because of infraction of law,its’statue, behaviour and power could be treated as illegal. At last, socialorganizations turn to the briadge to sustain relationship of governmental authority andsocial self-government. On the one side, individual strength of citizens is polymerizedby social organizations, instructing balance system of public-private power. On theother side, interactive relation of government and society is promoted to strengthtwo-ways coorporation and regulation, instead of one-track supervision.Clingling to administrative-oriented social governing model, main route ofgovernmental reform is facing with transition from yielding certain power and benefitto self-discipline, and to realize basic principle of running the country according tolaw at last. During this period, the self-governing consciousness and sensitivity toindividual right are growing unprecedentedly. As a result, social organizations andcitizens are becoming social governing subjects. Accordingly, functions and roles ofgovernment as well as administrative meathords and value are confronted with abrand new transformation driving the shaping of administrative-oriented socialgoverning model’s path finally be made. First of all, in aspect of governmentalfunctions, whole public-service responsibility is no longer undertaken by government.While social private mechanism takes up more mission of public obligations actively,or tends to be positively acceptant to public power. By following tendency ofsocialization of public responsibilities, governmental functions are shifting fromall-round to limited. Secondly, in terms of governmental role, as the focus is turningfrom power to duty, and from control to service, the government is changing itscharacter from social governor to service provider, which means that the ruling willno longer be the theme of social management. However, to promote masses welfarefor the public will be fundermental purpose of using administrative power. Thirdly,for administrative meathod, traditional mode of imperative means is broken throughby negotiation-based administrative means, which accepts social organizations andcitizens as governing subjects. And it becomes more flexiable as well as multiple.Fourthly, with reference to administrative value, althoght the leading role ofgovernment is unshakable, because of diversification of social interest, governmentshold take public voice into consideration and respect, adcance and uphold of socialself-government. Good governance, instead of maintaining social order, will be futureobjective for innovating social governing system and international tendency foradvancement of administrative law. There are there meanings for administrative law to form social managementalmodel. Firstly, historical evolution of administrative law conforms to new requirmentssocial conception of law. Secondly, transition from governor to service provider ispromoted by playing its functions of administrative law. Thirdly, healthy growth andmaturity of society are guaranteed by realizing of its functions. Adhering to socialinstruction, social adjustment and social intergration in practice, administrative power,administrative legislation and administrative enforcement of law are regulated byadministrative law. Consequently, good governance under rule of administrative lawwill be implemented. Nevertheless, there are two core problems needed to be sovledto keep balance of supling and demanding legal regulations. The former is how torealize coorespondence between theory of administrative law and social governance.While for the latter, owing to the lack of legal provisions and surplus regulations, inone aspect, legislation of people’s livelihood is short of expectations, whileconversely, legal conflicts hapend from time to time. Emplement of administrativelaw’s functions has to be based on its origin and concentrate on social legislation.Finally, to materialize regulation of governmental functions and role, as well asadministrative meathod and value by coordinating contradiction of administrativelegislation, allowing democratic decision-making, improving legislative system andstrengthening restriction of abstract administrative acts.