The Study On Value Orientation Of Justice And Order In The Innovation Of Social Management

We have gained large development in socialist modernization during the thirty years since the reform and opening up. At the same time, reform has entered deep water zone and crucial stage, in which social management are meeting with unprecedented new challenges. With diversified interests and complicated contradictions been become new characteristics of social management, our party and the state put up with great strategies of social management innovation. Fairness is one of the most significant goal of social management innovation. Fair problem caused by interests is also one of the most significant reason of social contradictions at present. Therefore, the party and the state have stressed the value of realizing fairness in their important policy and legal files.Therefore, how to realize fair value of social management innovation is crucial to the healthy development of the Chinese society.In order to realize the fairness in management innovation, we should insist Marxism fairness view, and get a deep understanding of Marxism fairness by comparing Marxism fairness view with other kinds of fairness view in history for a better understanding of fairness and how to realize fair value in social management innovation. Marxism fairness is scientific because of its historical and dialectical methodology. And thus comes to the scientific judgment of "fairness is different in different eyes". It suggests that fairness has concreteness, relativity, class nature and historicity, we should adhere to the characteristics of fairness above when we hold Marxism fairness viewAny violation of the Marxism fairness view will lead to the wrong idealism fairness view. There are mainly exist three forms of idealism fairness view:believing there is eternal fairness in the world, fairness view which obey the productivity level, dealing specific issues with abstract view of fairness. These three kinds of idealism fairness view hindered the social advancement and brought obstacles for solving social problems caused by solving fairness view differences. There are social management styles which hold idealism fairness view in reality. This is reflected both in government and citizens. On the one hand, the government made a mistake by taking fairness view (the goal of social management) as a means of social management method. In other words, the government may deal with specific issues by abstract fairness view. On the other hand, citizens ignored the obligation of law in order to realize the so-called fairness, that is to say, they maintain the so-called fairness by breaking away from the level of productivity. These problems reflect the fact that due to the lack of consciousness of the rule by law, social managers, including the government and citizens, try to use fairness view to solve the problem of fairness, leading to the parties unable to reach an agreement at last and deepening contradictions gradually.From the perspective of the rule of law, the reason for these problems is that we didn’t understand the dialectic relationship between fairness and order, and the position and function of fairness and order in social management. There are both connections and contradictions between fairness and order. In the long term, fairness and order is a mutually promoting:the constantly improving social fairness could promote the establishment of social order. But as seen from specific things, there still exists contradictions between justice and order. Sometimes the pursuit of fairness have to sacrifice some social order, while the maintenance of order will trample the progress of human fairness. Therefore, when dealing with all kinds of disputes caused by different fairness views in society, we should strengthen the consciousness of the rule of law and guide the solution of the problem in a way of concept of order, rather than dealing with it in a way of out of the fairness view of productivity development level or abstract fairness view. The government should make good use of the concept of order in the rule of law. The government should introduce the related provisions of law to the parties in disputes and deal with disputes according to the law. The parties in disputes also should improve their law-abiding consciousness. They should take the perspective of order into consideration when solving problems rather than from their own fair perspective. They should be good at using the law to protect their legal rights and interests, and guide their behaviors on the basis of law.The rule of law is an effective way to achieve social management innovation and realize the fairness value. And the realization of social management system innovation is reflected in the process of legislation, law enforcement and administration of justice. Firstly, procedural justice should be payed enough attention in the process of legislation. Because of the concreteness, relativity, class nature and historicity of fairness, different classes and interest groups will form different opinions in the process of legislation. While legislation is also a process of forming unified normative legal documents by combined different opinions. Therefore procedural justice is very important in the process of legislation. Procedural justice shall guarantee the legislative right of related party to express their views and the corresponding right to vote. Secondly, law enforcement should put emphasis on legal order. The government should not analyze and solve problems from the perspective of the fairness view anymore. The government should enhance the concept of legal order, regarding "administration by law" as the highest behavioral criterion of solving social management problems. The government should operate according to the law when solve both procedural or hypostatic problems. Finally, the administration of justice should give priority to procedure. The judicial organs is an important part of social management and is also the social department of the most serious contradictions, while justice is the last line of defence to realize the fairness value of social management. Therefore the judgments of judicial organs should pay emphasis on order and judicature according to law, and make a adjustment appropriately in the angle of the fairness combined with the specific case.