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Research On The Legal Regulation Of Public Policy Formulation

Posted on:2019-10-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:S X ZhangFull Text:PDF
GTID:1366330572454256Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Public policy not only affects the development of the country,but also involves the most basic interests of society,groups and individuals.In the field of public administration,public policy plays a central role.It can not only provide basic guidance for managers of public affairs to improve their own ability,but also provide legal basis for their management behavior.Public policy is not only different from the law of the country,but also different from the administrative decision,and it is closely related to the law.As a result of political behaviour similar to public policy formulation,it is a kind of social behavior with great influence.There are many groups involved,and the interests involved are more sensitive.It is directly related to the rights and obligations of each subject and directly affects the order status of the society.Therefore,it is of great significance to regulate the formulation of public policy by law.Under the influence of traditional factors,the traditional mode of thinking in management will make public policy to ignore the ideas and requirements of the public.The public policy is bound to deviate from the basic social public interest and can not achieve the basic purpose of public policy.From the perspective of regulation,many public subjects participate in the formulation of public policy,and for the management of the public sphere,an orderly order of participation should be established.This is not a repudiation of public policy,but the best way to improve public policy.Through the way of legal regulation,we can realize the participation of all parties in normal channels and achieve the desired effect of public policy formulation.The legal regulation of public policy is the inevitable requirement of the construction of the rule of law,and it is also an important guarantee to realize the fairness and justice of the policy.As an important managerial function,public policy controls the distribution of power,resources and wealth in all areas of national and social life.In order to realize the scientific,rational and orderly allocation of social public resources,we must proceed from the source of making rules,run the country according to law,complete the design of the system with the thinking of the rule of law,and regulate the formulation of Public Policy from the Source.Only the public policy under the rule of law can run on the track of the rule of law,and only in this way,we can protect people's rights and interests fundamentally,realize fairness and justice,and improve the credibility of the government constantly.To adopt legal regulation on the formulation of public policy,which is to realize the rule of law,will promote the establishment of public policy in our country towards formalization and standardization,thus continuously promoting the scientization and democratization of public policy making.The public policy studied in this paper is limited to the legal regulation of the public policy in the social field.In the first chapter,there is a preliminary understanding of the legal regulation of public policy.Through the analysis and comparative study of public policy science and public policy and the comparative analysis between public policy and other similar concepts,to clarify the basic connotation of public policy.The second chapter is the analysis of the current situation of the development of public policy.Through the extension of the present situation,the problems existing in the process of public policy formulation and the demand for legal regulation are excavated.The third and fourth chapters are the discussion on the formulation of foreign policy,and on the basis of analyzing and drawing lessons from the formulation of foreign public policies,we should reflect on the formulation of public policy in our country.The last chapter,which is also the focus of this paper.Through analyzing and summarizing,this paper puts forward some reasonable suggestions and measures to perfect the legal regulation of public policy in our country.By standardizing the procedure of starting the agenda,perfecting the way of public participation,paying attention to the applicable assessment and reassessment mechanism,establishing and perfecting the mechanism of accountability,to ensure that public policy from motion to execution are within the scope of legal regulation.The conclusion of this paper is that the formulation of public policy is of social welfare and influenced by the nature of the expansion of public power.It has historical inevitability and theoretical legitimacy to carry out the necessary legal regulation on the public policy.At the same time,it is also the basic requirement of governing the country according to law in an all-round way.Expand the democracy of policy making by broadening the way of public participation in public policy making.Improve the scientific nature of the public policy making by opening up information and establishing folk think tanks and encouraging and supporting the development of social organizations.Fixing the realization mode of the scientization of democratization through legal regulation,to realize the legalization of public policy formulation.It is not enough to realize the real legal regulation of public policy making,and it also needs to start with the assessment and reassessment and accountability of policy formulation.According to the basic management theory of responsibility,power and interest,only the public policy makers fully consider the consequences when formulating public policies,can scientific argumentation be carried out in strict accordance with the legal procedure.After repeated deliberation,to ensure that the failure rate of public policy formulation is minimized.Only under the guarantee of sound and clear accountability system can we truly realize the decision making of public policy making scientifically,democratize and rule by law.
Keywords/Search Tags:Public policy, Legal regulation, Social public, Rule by law
PDF Full Text Request
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