A Study On The Government Management Model In The Perspective Of Constitutional Institution

Constitutional institution refers to the constitutions made on the basis of the people's will and the regulations as well as their implementation according to the specific legal codes under the guidance of the Constitution. It consists of the following major factors: democracy, law-ruled system, limited government, and the protection of human right. The innovation of the government management model, in essence, means to substitute a new model with higher efficiency for the dated one in the context of the current regulation system. Constitution is closely related to the innovation of the management model of the government. Therefore, this paper attempts to probe into the innovation of the government management model from the perspective of constitution.During the development process of a society of any kind, there would appear two opposite forces: motive force for reforming and resisting one. The innovative government management model is a product of the inner government system and the outer social environment that influence and affect each other. The necessity and probability of a new government management model lie in the motive force, that is, it fulfills and meets the interest and needs of the government as the regulation-maker. The motive force roots not only in the object regulation environment but also in the subjective needs. Currently, China is at its transitive period when the government system itself is undergoing propounding changes, which puts real and potential pressure on the innovation, i.e., the influence of the traditional views upon the innovation, the restriction on it caused by interest conflicts, obstacles brought about by shortage of management regulations and its side-effect, the weakness in government's informationization construction.The innovation of the government management model, under the guidance of the principles of the 16th national Congress, in accommodation with the social marketing economy, aims at establishing a harmonious socialism society with constitution as its prerequisite. The government built in this new model is a standardized, coordinated, just, transparent, clean and efficient one; in addition, it is a democratic, law-ruled, limited, and human-oriented one in accordance with the principles of harmony and good governance. To achieve that, the author suggests the following ways: firstly, to rebuild the notions of government management on the basis of constitutional government by setting up notions of a democratic government, those of a law-regulated government, those of a limited government, and those of a human-oriented government; secondly, to improve the government's administrative mechanism under the direction of the constitutional regulations; thirdly, to innovate the government's management modes on the platform of constitutional government by reforming the system of"examination and approval", the government's delegating appropriate proportion of power to the lower levels, and building up electronic government.