Research On Third Party Organizations In The Construction Of Rule Of Law Government

To study the third-party organizations in the construction of the government under the rule of law is to clarify the normative function and legal status of the third-party organizations in the construction of the government under the rule of law,so as to prove the necessity of the third-party organizations in the construction of the rule of law government in China.The key to get rid of the difficulties encountered by the third-party organizations in the construction of the rule of law is to improve the legal status and legal behavior of the third-party organizations in the construction of the rule of law in the legal sense of returning to the normative legal sense.In this way,the construction of the third-party government can meet the needs of the construction of the rule of law.China has actively carried out the practice of building a government under the rule of law for many years,so it has accumulated more experience.However,with the deepening of the construction process of the government under the rule of law,whether it is the confirmation of the goal of the government ruled by law or the path of the construction of the government under the rule of law,the dominant way of the construction of the "government promoted" government has encountered many problems.In the face of the improvement of national governance capacity and the needs of the modernization of governance system and the procedural justice standards that should be followed in the construction of a government ruled by law,the "government push type" approach has encountered a dilemma of justice.At present,the "third-partyorganization promotion" approach,which is different from the "government promotion type" approach,conforms to the justice standards of natural justice and consensus negotiation in connotation and extension.It provides the possibility to solve the problems encountered in the construction of the current government under the rule of law,and escorts the construction of the government under the rule of law close to the dimension of justice.In addition to its own organizational and independent characteristics,the third-party organization often has relativity in theory and practice.Therefore,it must be investigated in combination with its specific environment and field,otherwise it can only become a mere formality.Therefore,in order to study the third-party organization in the construction of the rule of law government,we must give up the static research logic that only pays attention to the internal characteristics of the subject.We need to put the third-party organization in the specific field of the construction of the rule of law government,pay attention to the relationship and interaction between the two,and take the functional elements,behavior elements and result elements as the existing standards of the third-party organizations in the construction of the rule of law government The present study is comprehensive.The third party organization in the construction of the government under the rule of law refers to the social organization that can actively participate in and influence the government’s awareness of the rule of law and administrative behavior with its own cognition and behavior.It has a neutral or independent status relative to the government and the administrative counterpart.In other words,it should be a socialorganization that can promote the construction of government under the rule of law.In a broad sense,it includes not only the third-party organizations that have entered the field of government construction under the rule of law in practice,but also the third-party organizations expected to appear in the theoretical design,which can play their own functions and promote the construction of the rule of law government.The third party organization in the construction of an ideal government under the rule of law should have the ability to respond to the needs of the construction of the government under the rule of law,be able to carry out activities smoothly in an independent position and draw a conclusion in line with their own cognition,so as to promote the construction of the government under the rule of law by influencing the administrative behavior of the government subject or the concept of the rule of law.In practice,the third-party organizations in the construction of government under the rule of law have their own negative situation of failure,and their functions are hindered and the realization of influence is restricted.On the contrary,in the process of building a government ruled by law,there are also problems such as the lack of voluntary third-party organizations,the single path of third-party organizations to join.Most of the problems are caused by the tension between the design of the legal system and the actual needs,especially the legal status of the third-party organizations is difficult to confirm.Because of the duality of their identity and role,the role of "government builder under the rule of law" is often covered up by the role of "administrative counterpart".Therefore,the relationship between the third-party organizations,government organizations and other subjects is often unbalanced in practice.At thesame time,another cause of the problem is the limitation of historical concept.The thought of "official standard" and "nationalism" deeply rooted in the hearts of the people in China’s legal culture will also affect the influence of third-party organizations on government organizations,and weaken their role in promoting the construction of a government ruled by law to a certain extent.In the face of China’s problems,in order to build an ideal third-party organization in the construction of a government ruled by law,we must consider the content of the three elements of the function,behavior and result of the third-party organization in the construction of the government under the rule of law,combine its subjective and objective characteristics,and according to the needs of the construction of the government under the rule of law,transform the third-party organization through legal thinking and means.The specific path is as follows: first,reduce the tension between legislation,especially administrative legislation and reality,seek the balance of the dual identities of the third-party organization in the construction of the rule of law government as the administrative counterpart and the builder of the rule of law government in the administrative legal system,and innovate the relevant systems of the supervision,management legislation and administrative organization law of the third-party organization in the construction of the rule of law government.Secondly,combining the two basic principles of procedural law,procedural law,the author designs the legal rules of the subject behavior,so as to ensure that the activities of the third-party organizations in the construction of the rule of law government are standardized and smooth,so as to realize the behavior needs of thethird-party organizations in the construction of the rule of law government.Thirdly,according to the needs and actual situation of the construction of the rule of law government in our country,we should support and encourage the third-party organizations in the specific fields,promote the potential third-party organizations to enter the construction of the government under the rule of law,and meet the needs of the breadth of the third-party organizations in the construction of the rule of law;fourth,increase the actual influence of the third-party organizations with the socialist concept of rule of law,so as to play their functions And promote the realization of the role of escort.