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On Legal Control Of The Government Acts

Posted on:2004-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:J K DongFull Text:PDF
GTID:2156360122999827Subject:Law
Abstract/Summary:PDF Full Text Request
"Government is a set of structure for drafting and enforcing policies, and is also an authority of binding force to certain people on certain realm." As a special subject of act, government has limitless social resources and powerful national rights. Government act gets a much wider mode of expressing, which is act of administration briefly. At the same time, it also consists of many other acts of politics and civil. The starting point of carrying out government acts is to protect and to promote the benefits of society and society members. However, because of the particularity of the government acts itself, we can't not keep it on the right orbit. Here our topic is how to control the fulfilling of the government acts efficiently in order to make it operated according to the people's original intention of establishing government. From my point of view, it should be an efficient method to put the government under the control of law when we regard it as a kind of social act, therefore, it can get the controlling function of law to acts performed. When we talk about the fulfilling of legal controlling of the government acts, we mean that we should make full use of regulatory function of law, and make common will of the people turned into laws. Then it can guide, predict and evaluate the government acts, and correct the illegal government acts.In reality, there are two problems in the government acts. One is that it has a clear tendency to make enterprising and making profits. That means it tries to seek small group profits by its multiple characteristics in economy, and it can't give up the much interference and control in economy followed from the planned economics. All these lead to the deteriorated in quality and make it losing the publicity. On the other hand, there are many related issues, such as the government acts is still adapting the mode of non-democracy; it excludes the participants of citizens and other social subjects; it can not obey the fixed procedure, abuses the judicial discretion and expands the scope of acts freely. Therefore, it can make some menaces to citizen and social rights, and has a bad influence on the political and spiritual construction.If we want to regard the government as a special subject of act, we must implement legal control on government acts. In order to do that, we must set power ability, make complete system of acts, get administrative and constitutive act healthy, adjust the power structure of both inter-government and the different levels of the government, and avoid the absence and chaos of the government acts. At the same time, we should try to perfect the legalization of the construction of economic law and administrative law, give the prominence to the function of the function of administrative procedure and make a perfect entity for the government acts and procedural system. Besides, we should consolidate and perfect the supervising mechanism of the government acts. By legislation we can make the supervised object being clear and of science, and we should give the power of supervising the government to citizens and society. By this way, the government acts are clear under the sun, and we can get rid of corruption and raise the efficiency of the government.As for the fulfilling the legal control of the government, we should pay much attention to the establishment of liability government with the help of law. I propose to set a new evaluation mechanism of the achievement of the government and then we should make scientific and powerful target to get rid of the short-term and blind government acts. To be together with this, we should make and carry out the hearing responsibility of the government, and investigate and fix the administrative and political responsibility of the charged administrators who are in charge of the illegal government acts. For those who are the performers of the government acts, tort liability should be adopted. When they violate the powers, legal sanction should be given to them. If the government acts violate the citizen's benefit, reasona...
Keywords/Search Tags:Government
PDF Full Text Request
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