Theory On Dimension Of Nomocracy Of Chinese National Governance System Modernization

The modernization of national governance system often accompanies with the process of national institutions in transi tion from the rule by law to the rule of law.To promote the modernization of national governance system,it is natural and necessary to turn to nomocracy.First,the rule of law system is a vital component of the national governance system.Not only does the Constitution provide the national governance system with legitimate justification,but also the system of the rule of law itself is exactly the important content and composition of national governance system.Second,the nomocracy offers the value guidance for national governance system.The fundamentals of the idea of modern rule of law are as follows,good law and governance,respecting and protecting human rights,maintaining fairness and justice and stabilizing the social order.These values play th e role of value guidance for the modernization of national governance system,and also are the fundamental goals of national governance.Third,the rule of law support the national governance institutionally.The nomocracy is the critical symbol of human c ivilization,as well as the basic way to administer the country.It offers the national governance with system support,and also provides the execution and operation.To achieve the goal of nomocracy,the system of socialism with Chinese characteristics should be improved with the spirit of nomocracy.There are three main aspects.They are as follows: to realize the nomocracy of fundamental political system of the state,to take full advantages of people's congress system,to ensure the consultative democracy proceed normally by means of legislation and realize its systematism,standardization and nomocracy,and to improve social management system and primary-level democracy which contributes to the nomocracy of social governance.To make national governance system follow the principle of the rule of law,there are some basic principles that have to be hold.They are combining experience rationalism and constructive rationalism,associating the dialectical relationship between overall advancement and partial improvement,clarifying the logical relationship of national tradition and western experiences,and realizing bilateral interaction between national legislation and law-abiding.The people's congress system,the basic element of national governance system,is the fundamental political system in China.To achieve the rule of law of national governance system,we should promote the people's congress system under the rule of law,and amend and improve the related legal system of the Constitution.First,we should set the enhancement of the quality of legislation as the goal.Specifically,regulate legislation in a scientific and democratic way,improve the local legislative power,and further elaborate the logical system of legislative law to perfect it.Next,the notion of sovereign in the people is necessary to be promoted.This can be achieved by strengthening the system of decisive power on the vital items,reforming people's congress system,exploring professionalism of members of Standing Committee,etc,to improve constitutive law.Moreover,the representative members of the National People's Congress should be improved by enhancing the independence and fairness of electoral committee,perfecting quota allocation institution,regulating direct election procedures,and integrating the exit and supervision mechanism of representative,etc,to improve electoral law and representation of law.Finally,in order to uphold the authority of Constitution,we should clarify the legal liability institution,enhance mechanism on information disclosure and adapt to new requirements of construction of a clean government to improve Supervision Law.The foundamental way to achieve the nomocracy of consultative democracy is to regulate consultative democracy,including the subject,content and procedure,etc,in the form of legislation through legal channels.,we should promote the consultative democracy according to its different levels' characteristics.On one hand,legislative and governmental negotiation should be regul ated through legal approach,and nomocracy of consultative democracy,as regard to national life,is advanced in virtue of legal construction of Chinese People's Political Consultative Conference.On the other hand,it is supposed to further the nomocracy of consultative democracy in the aspect of autonomy in grass-roots society,to explore it on the development of social organizations,to attach importance to it in terms of civic participant network,and to comprehensively boost it at the social level.To bring social management under the rule of law is a process that integrates the theory into every aspect of social administration.Not only it contains bringing the social management institution and grass-roots mass autonomy system under the rule of law,but also contains advocating the culture of rule of law among the whole society.First,it is essential to define the basic connotation of social management system under the rule of law,to accelerate legal system building in terms of the separate government administration from commune management,to strive to improve social law system,to clarify the boundary of social power,and to illuminate the power-responsibility of governmental and social administration.Second,it is urgent to promote the grass-roots autonomy system by means of law to solve some issues emerged during the operation.Therefore,the grass-roots autonomy system should be continuously enhanced,and confirm and regulate the new ways in the practice of democracy at the grassroots level by le gislation in time.Lastly,the culture of rule of law is what social culture reflected in the rule of law.We should create atmosphere of the rule of law culture by setting an example on behalf of public power and providing education of the rule of law culture.Likewise,it is important to inherit the essence of the traditional rule of law culture,to draw excellent experience from western culture concerning nomocracy,therefore,the level of the rule of law culture can be constantly enhanced.