On The Harmoniousness Of The Value System Of Administrative Legislation

The administrative rules have particularly closely connection with the people's daily life because of their large number and too many varied related ranges. However, there are serious value losing phenomena in our the administrative rules of our country now, which result in that the law system lack harmoniousness, the laws cannot be effectively carried out, and the corruption stirs up and spreads.The rule by law is the rule by good rules, and value harmoniousness is the nucleus factor of good rules. The basic requirements of harmonious value system of administrative rules include: First, with the basic value factors such as freedom, equality, and safety. Second, the freedom value being considered superior to other values. The freedom is not only a separate value, but also the origin and necessary condition of all other values. The flowers of the freedom can only come out on the land where everybody is free, and so the conception of freedom itself contains the equality meaning, because equality as law value can only be the equality of chance. Safety value is the most ancient and basic one. The superior position of freedom is versus very the basic position of safety. Furthermore, it is inspiring that the British and quantities of other people harvested rich spiritual civilization and the material civilization fruits again and again owning to the constantly growing spirit of freedom. Freedom is the spirit of market economy mechanism that we are trying to build and perfect. But we are burdened with the tradition without a bit of freedom spirit. Even after the People's Republic of China was founded, there had been not room for the doctrine of freedom. So the principle of freedom value being superior must be persisted in any lawmaking and any system design. Third, the flexibility is the individuality value of administrative rules, and the flexibility probably signifies to deviate from the common values. If " to deviate " is necessary and appropriate, and serves as the ways to gain bigger freedom, the individuality value of administrative rules coordinates with common values, and thus the whole administrative rules value system is harmonious.In a word, freedom value being superior is the nucleus viewpoint of harmonious sight of this article. It is key problem discussed in this article that the individuality value of administrative rules is harmonious with the common values.The democratization procedures of administrative legislation are one of the most feasible ways to bring about harmoniousness of administrative legislation values. Modern computer network technology has provided the possibility of reality for the democratization of administrative legislation procedures.