A Research On The Institution Innovation Path Of Legitimizing Government

The 4th plenary of the Party’s 18 th center conference report gave a rechtsstaat idea system,which shows the offical decision of rechtsstaat construction.Later the party’s general secretary Xi Jinping raised the “four comprehesive” ideology when he inspected Jiangsu province that support great politic culture foundmental.“rule of law” in China means “ruling according to laws” while in western“ruling by good laws”,the front advocates the importance of according to laws and the latter suggests laws comforming to the morality.China should open its original rechtsstaat path.Legalization is a dynamic state of “rule of law” whose important part is legitimized government or government legalization.The basic conception of legaliztion contains normalizing the government power,the government relationship and the reactions between government and people.The dilemma of legitimized government construction is that government is both the subject and the obstacle of legalization so that government always wanna escape the control of laws and forces the politic state back to “rule by man”.The tradition of centralisation in China decides government institution innovation be a basic path to legitimized government construction.Constitution innovation is a theoric conception which means an activity of the new constitutions to replace the old ones concluding the government institution innovation and constitution innovation from society and market from public administration that could be borrowed into the research of legitimized government to give a new viewsight.Government institution innovation in the complete sense could be equal to government reform,which has three functions namely institution supplying,resource allocation,and rights protecting.The legitimizing government is firstly the goal of constitution innovation and would gradually become the subject of institution innovation,so that both of them has a strong politic connection.China government has been taking great effort to realize legitimized government for thousand years whose construction content is etiquette and legalization and how to adjust them that makes great differnce on the China society.The key problem is not above just how we could realize those legalization goals through government institution innovation path.The factor of “rule of man” has a great influence on the traditional imperial politic regime in China which brings the path dependence of strong-man politic.Besides,the tradition resource of “rule of law” in China should be valued to be effciently imployed in order to establish the solid base of the tradition culture for modern rechtsstaat China construction.The institution innovation of China government has been meeting the three delimma namely the pratical,the institutional and the mechanisic one,in the proceed of legitimizing government,which is caused by our extremely radical attitude for reformation that should be adjusted in the stability and development.History experience shows that the reform disadvantages of China government institution innovation are ignoring the traditional aquaintance society basis,assumping the extreme reform ways easily so that all the great reform loads are throwed on the shoulder of repbulicgovernment today.The five aims of legitimized government are government to be produced by the law,government to comply to the law,the law supervising the government,and the government to abide the law as a model.Our basic ideas in this dessertation are to build a legitimizing government through the path of institution innovation and then still take institution innovation in the frame of the legitimizing in order to realize the innovated constitutions’ legitimization for the gobal rechtsstaat China construction.we could take the global innovation measures to realize the legitimized government such as centralisation for establishing a great politic activitity power,strictly limiting the government excutive power to protect the people’s rights,and adopting the social reform measures to realize the smooth reaction between government and people.How is the feasibility of the legitimized government construction plan in our desertation?As the<Shangjunshu> says, “we could not talk about great morality with common folk,and we also could not achieve great success relying on the common folk.”There goes also like Deng Xiaoping’saying,“the practise is the only startand to prove the truth.”China constitution grants its civilians for the freedom of politic thinking and talking.Thus,the last part of the disertation has a prediction for the future of the legitimized government in China.The basic conclusion is that whether the government constitution innovation could realize those reform goals makes great defference upon the legitimized government construction in China.