A Constitutional Analysis Of The Coordination Of Multiple Norms In Social Governance

The governance of modern countries and societies is first manifested as the governance of the normative system.According to the differences in the nature of the subjects involved in social governance,there are widespread laws and regulations in the field of social governance,such as national laws and regulations,village regulations and folk agreements,and autonomous regulations,etc.,and as the role of party building in social governance continues to increase,party discipline and party regulations The policies and documents of the party have gradually become an important unit in the system of social governance norms.According to the generation and function of norms,the plural norms in social governance can be classified into legal norms,social norms,and internal party regulations.Analyzed from the level of ought to be,multiple norms act in their own way and interact with each other,and jointly weave a network of actions for social governance.If it is said that the Chinese connotation of the modern rule of law concept endows the coordination of social governance norms with a macroscopic meaning,then the competition and interaction between the multiple norms of social governance directly touches the necessity of the coordination of norms from a micro perspective.From a practical perspective,competition and conflict between multiple norms are full.This kind of competition and conflict is not only manifested in the effectiveness of rules in the general sense,but also occurs in the evaluation of the effectiveness of solving specific social governance issues.Therefore,how to deal with the competition and conflict of multiple governance norms and coordinate the norms is an important topic for building a social governance community and promoting the modernization of social governance.Social governance highly depends on the close communication and interaction between the two subsystems of state governance and social autonomy.The comprehensive rule of law is the basic strategy of contemporary China’s national governance.The rule of law is the basic way of governing the country and must also be the basic way of social governance.In this sense,relying on the constitution as a social consensus and basic normative connotation to respond to the coordination of norms in social governance is not only in line with the legal operation logic of national governance and social governance,but also an important requirement for strengthening the implementation of the constitution.The full and effective implementation of the constitution depends on the connection between the constitution and various constitutional subjects,in order to resolve the constitution’s aphasia in social governance,and provide a self-consistent theoretical explanation for the construction of a society under the rule of law in our country,so that the constitution truly becomes a country and society The basic norms of life.Whether it is the fundamental law theory of the constitution,the political philosophical theory of the constitution,or the sociological theory of the constitution,it can theoretically indicate the constitution’s dominance over the national laws and regulations.The constitution has two basic theories in response to the coordination of social governance norms,and the two reflect differences in attitudes and methods in dealing with the issue of norm coordination.Normative is cautious,seeking to use technical measures to avoid disturbing the institutional structure and traditional concepts as much as possible.Normativeism represents a mainstream paradigm of contemporary Chinese constitutional studies,which may be subdivided into several different research schools.In terms of normative constitutionalism,the normative interpretation of Chinese constitutional texts is still working to bridge the tension between the transitional society and the constitutional text order.Compared with the style of functionalist constitutional research,which is often inverted and smashed,the normative constitutional research appears to be stern and stubborn.Focusing on the evaluation and approach to the implementation of the constitution,the theoretical research of constitutionalism presents two theoretical paradigms of functionalism and normism.Along their respective theoretical positions and practical considerations,it can be found that the two are dealing with the issue of coordination of social governance norms.Different attitudes and methods.From the perspective of the actual needs of social governance,the behavioral methods of social members and the synergy between multiple norms also require a holistic norm with guiding and pivotal capabilities.Returning to the level of the constitutional text,all the powers in the constitutional text of our country belong to the people and the provisions for the people to manage social affairs of the country,the provisions on the effectiveness of different governance norms in the socialist rule of law provisions,the freedom of association in the basic rights provisions,and the autonomy of the grassroots masses The clauses and other contents explain the feasibility and normative logic for the constitution to respond to the issue of normative coordination in social governance.The constitution responds to the coordination of social governance norms in an institutional framework based on the constitution’s deployment of social governance structures.Power allocation is an important way for the constitution to allocate social governance structure.In a social governance institution composed of multiple governance entities,the Constitution on the one hand,through the allocation of state power,that is,the establishment of the responsibilities and relationships of national public power institutions,coordinates the social governance functions of the government and other national public power institutions;on the other hand,it is Under the principle of the people being the masters of the country,through the confirmation and protection of the basic rights of citizens,and the establishment of a grassroots self-government system,the constitutional status for the participation of social governance entities outside the state public authority in social governance has been established,and it has been The operation of social power reserves constitutional space.The multiple norms in social governance have their own social reality background and constitutional basis.The diversity of social governance norms is a prerequisite for normative coordination.The constitution responds to the coordinated practice of social governance norms.First,it is necessary to ensure the existence of differentiation of multiple norms.In this regard,on the one hand,it is necessary to attach great importance to the "local knowledge" within the community and its functional implications for system construction,so as to reserve sufficient development space for social norms.Because social norms should be designed mainly for "local issues" and highlight the individuality of the community."Local knowledge" is irreplaceable information that belongs to the community alone,and it fully reflects the unique interest demands,emotional psychology,and value judgments of group members.Ignoring the constitutive role of "local knowledge" in grassroots social governance,the selected institutional governance technology is often difficult to achieve a targeted,time-to-place situation.On the other hand,we must also attach great importance to the necessary control of legislation and government regulations.Especially in the era of risk society,the functionalist tendency of legislation and the “self-authorization” phenomenon of the government’s administration according to law are more and more common.However,a paradox in the risk society is that various measures or systems aimed at preventing the actualization of risks are Will become a new source of risk.In the construction of the rule of law in China’s social governance order,the direct goal of the coordination of social governance norms is to realize the coordination and cooperation of multiple norms,and the complementary functions.The opposite description of one objective is to prevent and resolve the conflicts of multiple norms and what they can do.The system collision and value tear caused by it.On this basis,it is necessary to start from the two levels of enhancing complementarity,linkage and control,and resolving conflicts around the practice of normative coordination in social governance.On the one hand,it is necessary to build a benign interaction mechanism of multiple governance norms.On the basis of guaranteeing the pluralism of norms in the process of social governance and the construction of a society ruled by law,the coordination of social governance norms still needs to return to the level of benign interaction between plural norms.Among them,this interaction is mainly divided into two levels: in terms of norm formation It is mainly manifested in the proper absorption of social norms by legal norms and the self-continuation of laws and regulations by social norms;at the level of norm implementation,the proper application of social norms by justice,and the indirect absorption of the mandatory binding force of legal norms by social norms.The urban and rural grass-roots social governance system that combines autonomy,rule of law,and rule of virtue is an important manifestation of the benign interactive effects of multiple governance norms.On the other hand,by reviewing the constitutionality of norm conflicts at the level of normism and functionalism,strengthen the constitutionality control of the coordination of social governance norms.Efforts to enhance norm interaction and realize norm complementarity cannot completely eliminate and shield norm conflicts that may occur at any time in reality.In this regard,the implementation of the coordinated practice of social governance norms needs to set up a guarantee mechanism to deal with the situation of norm conflicts.The constitution,as the institutional foundation on which the multiple norms of social governance relies,is also a platform and principle for the coordination of social governance norms.The conflict of multiple norms also depends on the prevention and resolution of the constitutional control of the conflicts of multiple governance norms.