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The Statement On The Constitutional Basis And Extension In The Administration Law Of The Service-Oriented Administration

Posted on:2005-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:Z C WangFull Text:PDF
GTID:2156360152967169Subject:Constitution and Administrative Law
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The governmental functions should change and make adjustments continuously in line with the social changes and developments. In the 20th century, the facts about the governmental restructuring in western countries and governmental building in the style of service happing in China indicate that the governmental functions shift from regulation to service, which enriches the content of the administrative law. The occurrence of service-oriented administration has a profound basis such as economics, politics and law. In economics area, though the governmental intervention plays an important role, the absence of governmental functions always exists and the governmental management manners are obviously out of date. In the process of politics, with the evaporation of the idea on the ruler's power bestowed by the God and replacement by another new idea—the inborn rights for the people, the governments come to realize that the nation's power is offered by the people and the governments should serve them, which actually unveils the political basis of the service-oriented administration. As a science majoring in the aims, manners and the law of the administrative action, politics provides practical evidences for the service-oriented administration in technology by the perfection and abandonment of the traditional sole mandatory manners, as well as combining the restriction and service to efficiently attain the goals. In constitutional system, constitution, made up in a bid to protect the people's fundamental rights and interests, should put the masses on the core position, that's to say, as the logical beginning of the constitution—the ideology centered on individuals, the basic human rights has become the main goal pursued by the Constitution. Thereby, the governments should be charged with the task to sustain, protect and promote the people's interests. Under the guidance of constitutional basis, It's the governments' duty to serve the people. The basic frame of the service-oriented administration in the administrative law should include such basic aspects as the nature, ideology, roles, spectrum, manners, the transition of the executive power and administrative liabilities.
Keywords/Search Tags:service-oriented administration, justice, constitutional basis, basic frame
PDF Full Text Request
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