The Study Of Potential Rules About Local Public Administration In China

In the local governance, the rules often used in our grass-roots publicadministration is not formal systems always, but potential rules. Potential rulesin local public administration are informal systems, which exist in the localadministrative system objectively, drift away from the local administrative rules.By right of administrative power, via long-term interests calculations and choices,local executives form potential rules for the sake of their own interests whichare temporarily stable. Potential rules in local public administration areunwritten regulations recognized by the local administrative organs. Potentialrules come into being because of traditional local administration in history,absence of law, the inherent defects of statute law and diversified bodies ofinterests. Potential rules can improve the efficiency of governance and make upfor the lack of statute law, but they come into being random, lack of openness,are difficult to supervise and lack of state force. We should adopt two principles "be practical and realistic" and "one divides into two evaluation" to appraisepotential rules. We bring into play their advantages and change abuses by deepeningpolitical and economic reform, strengthening the construction of democracy andlaw, improving the monitoring mechanism, strengthening the education of law andmorality and reinforcing the construction of socialistic administrative culture.This paper analyzes the content and features of potential rules in local publicadministration, takes the primary land management as an example to expatiatepotential rules hidden in it, explains how potential rules come into being,describes the harm to the process of local public administration and raise someeffective ways to break the potential rules in local public administration.