Study On The Legalization Of Chinese Government’s Social Regulation

The legalization of the government’s social regulation is a kind of phenomenon about the change of power at the micro level. In this paper, the research is carried out in the framework of the system structure involving four dimensions of concept, rules, object and carrier. They point to all aspects target of the rule by law, which is a very complex evolutionary development trend and change process. It aims to construct a modern social regulation power.The first chapter, the government’s social regulation general theory and realistic context. Firstly, this chapter describes general theory of the government’s social regulation. The government’s social regulation is gradually implemented in the country since 1970 s. As an important form of interaction between government and market, it is intended to solve the information asymmetry, external, non value goods and other market failures so as to achieve furthest the social and public interests. Secondly, it describes the historical track and local practice of the government’s social regulation. Modern regulation began in the United States. Since 1970 s, in the main market economy countries, the environmental protection, health, and safety is regarded as a new development and new content of economic regulation. After 1980 s, the regulatory states have rose in the world. Since the last 20 years in twentieth Century, with the continuous advance of market-oriented reforms, our government’s control mode over the market has been also quietly changed, and a series of regulatory agencies have been established. But because of historical and institutional reasons, the government’ s regulation has been largely equivalent to the administrative regulation and management in the traditional sense.The second chapter, the explanation of the legalization of the government’s social regulation. First, this chapter selects the system as a research approach to study the legalization of the government’s social regulation. The analysis of this power phenomenon is incorporated into the system structure. It aims to reveal the inherent properties of the the government’s social regulation, and show the evolution of the legalization of the government’s social regulation. Second, the rule of law is to be positioned in a survival way or survival culture, which focuses on the balance of government power, and the arbitrary power of the individual. At the same time, the rule of law is a kind of system. It includes four aspects, which are the idea, the behavior pattern, the relationship between the subject and the rule. Third, the legalization of government’s social regulation means that the government’s power is a kind of benign or selective changes, which is a dynamic, evolutionary, clear process of rule of law. Finally, in essence, the government’s social regulation is a kind of limited regulation, which is the main direction about constructing the modern regulation system. But this power arrangement needs to be incorporated into the limited government’s vision to clear its operating mechanism.The third chapter, the legalization state of our government’s social regulation: taking drug safety government’s regulation as an example. Medicine is a special commodity, and the drug safety regulation is a typical area of the government’s social regulation. The change of government’s regulation of drug safety is a miniature of the market transformation and the reform of government management system in China, which means the change of government tasks, and also reflects the transformation in the status and the role of the government’s social power in the entire national power structure. From four levels of the system concept, system rules, system object and system carrier, this chapter sort out the legalization status of drug safety regulation system to reflect the legalization construction logic and process of government’s social regulation.The fourth chapter, the study on the government’s social regulation of the developed countries. This chapter reviews the historical evolution of government’s social regulation in the United States, Europe and Japan, which sums up the experience of the rule of law about the social regulation of the three governments. The three in the form of law, institutions and law enforcement system have has their own characteristics, have formed a more mature and stereotyped framework of the rule of law on social regulatory system, and basically have reached a good governance standards of “good regulation”, which has pointed out the direction of the rule of law for our government’s social regulation.The fifth chapter, the path of the legalization of the government’s social regulation in our country. This chapter begins with the system structure, which means that the idea, the rule, the object, and the carrier corresponds to four levels target of rule of law. First of all, the government should establish a clear value orientation in the reform of the legalization of the government’s social regulation, which insists on people-oriented and maintains public interest. Secondly, in the rule of system level, we need to focus on improving the law of the government’s social regulation about the rules of operation and procedure. Thirdly, the government’s social regulation institution should be located in a fair, independent, detached position. Finally, the supremacy of the law requires that the government’s power should be exercised on the basis of the law. When regulators formulate and implement regulation policies, they must base on relevant laws and regulations for the government’s social regulation,...