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Reseach On Organizational Law Of Diversified Governance Subject Under Collaborative Governance

Posted on:2021-04-30Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y ChengFull Text:PDF
GTID:1486306224451974Subject:Constitution and Administrative Law
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The 18 th National Congress of the Communist Party of China(CPC)proposed "building a socialist social management system with Chinese characteristics and speeding up the formation of a social management system under the leadership of party committees,government responsibility,social coordination,public participation,and legal protection ".The main body of social governance changes from monism to pluralism,the way of social governance changes from unidirectional to multidimensional,and the diversity and interaction of social governance need legal protection.At the same time,in the face of the government failure,market failure and the interaction and interdependence between the public power and the private power in the process of social governance,people have to think about the positive interaction between power and rights in the context of the rule of law,and how to establish the governance framework and procedure to promote the cooperative governance of social pluralistic subjects,so as to improve the decision-making ability and implementation quality of social affairs processing.Under the concept of co-governance,social governance involves cooperation between the State and civil and social organizations,each of which should act as a collaborator and supervisor of the other.The legal guarantee system of social governance should have internal structure,that is,the subject of social governance has a clear legal status in the process of governance.We should construct the structure of pluralistic social governance subject from the perspective of rule of law,that is,the boundary of power and responsibility between government and social organization,government and citizen,and stimulate the cooperative governance ability of pluralistic social governance subject through the guiding role of law.In the first chapter,by reviewing the development track of social governance in our country,combing and summarizing the basic law and value trend of social governance,reflecting on the experience and deficiency of social governance in different social stages,exploring the internal logic of the relationship change between the state and society and the evolution of grass-roots social management system,this has important reference significance for the study of the path of social governance legalization in the new period.The second chapter combs and summarizes 40 government work reports and 9 outline plans for economic,economic and social development issued by the state since the reform andopening up.Each change and adjustment of government work task is a direct reflection of the change of public administration task in our country,and then analyzes the continuous adjustment and concrete change of our social management task since the reform and opening up,so as to analyze the change of government function in social management and the process of social governance subject gradually highlighting its governance ability enhancement in social governance.To analyze the main structure of social governance to do horizontal analysis preparation.The third chapter,based on the analysis of the social transformation history of our country in the first two chapters,confirms that the participation of multiple subjects in social governance is an important means to realize the modernization of governance ability and national governance.The fourth chapter promotes the social cooperative governance,realizes the pluralistic social governance,first should consider the social governance organization consummation and the validity.To realize the effective and coordinated participation of multiple subjects in the social governance system,it is necessary to guarantee the legal level through the organic law.This chapter will reconstruct the administrative organization from perfecting the inner-party laws and regulations,the public administration organization law,the social administration organization law and the legal supervision system of the social organization,and provide the legal guarantee for realizing the participation of multiple subjects in social governance.
Keywords/Search Tags:cooperative, governance, government, subject of social governance, Law of Administrative, Organization
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