The Study On Government Rationality

Government Rationality is the concept put forward by Chinese scholars,which is to elaborate on the basic theory of administrative law divisions Administrative Law—On the understanding of the question about “Legal Regulation of Administrative Power”. Different rational understanding of the government's lead to different Administrative rights advocate of legal regulation. Scholars found that there is a close relationship between the “rationality” and the power of the government legal regulation. for example, building the goal of “control type” government and give full play to the government regulation ability. The reason is that the government has “absolute rationality”, can master a wide range of administrative discretion, as a result, the administrative legal norms should be to strengthen administrative power, to maintain social order, to build “suppression” administrative law. On the relationship between the executive power and civil rights, civil rights, in fact, it is difficult to the government through the rational rules. Scholars of “power control” theory argue that we should build “power control type” government. This is because they noticed that the government and people, with “limited rationality”. Therefore, we should strengthen the legal regulation of administrative power, to prevent the abuse of executive power, build “type control administrative law”. In fact, each school of thought the formation of the basic idea is actually follows a set of inherent logic: “rational” government decides the degree of legal regulation of the power of the government, and further determines the type and purpose of administrative law, to form the corresponding administrative legal relationship. But scholars did not elaborate the definition of government rationality in detail,this is the question need to study.Government rationality is the ability that a government can make administrative action in order to achieve the ability to rational spirit of legal norms through the exercise of executive powers. Government rationality should be understood in normative way and practical way. In normative way, government rationality refers to the government to exercise executive power and make administrative acts should follow certain norms standards; in practical way, government rationality refers to government implement the objective laws or legal norms and practices into legitimacy and rational administrative acts.According to this, the logic expansion path of Government rationality is clear:Firstly, government is the state organs exercising administrative power. Administrative behavior is statutory, unilateral and mandatory. Rational government action should base on this. Behavioral intentions and behavior should be consistent with both the legitimacy and reasonableness standard, realize the unity of value rationality and instrumental rationality.Secondly, starting from the concept of rationality, Reason is content-rich concept. Reason has different meanings at different levels. Government rationality should be understood in normative way and practical way. In normative way, government rationality refers to the government to exercise executive power and make administrative acts should follow certain norms standards; in practical way, government rationality refers to government implement the objective laws or legal norms and practices into legitimacy and rational administrative acts.Thirdly, starting from a realizing path of rational administrate. We should enhance rational consciousness and administrate strictly in accordance with legal procedures, improve government performance indicators, strengthening supervision mechanism.Finally, starting from the relationship between Government rationality and the age. Governance modernization prompts the transform of government's role: from manager to servant. Government rationality has the principle of rationality and the principle of legality as the basic standard, which enhance the realization of Governance modernization.The innovation of this paper can be expected basically has the following three points: first, the approach of setting from the breakthrough of the standardization of behavior patterns and text approach, but the noumenon study on the government, also conforms to the department of philosophy research; Secondly, the choice of the research field of vision broke through the existing administrative law schools in the administrative law only horizon to explore the rational limit, but study and draw lessons from other disciplines in the social sciences research in the rationality of government, there is a wider, more reliable theoretical foundation.