The Study Of The Problem Of The Legalization Of The Policies That Are Used By The Party For Cadres' Managements

The guideline of the legal construction confirmed since the 15th NationalCongress of the Communist Party of China (CPC); the influence of the New PublicManagement Movement waged by the western developed countries; the steady andhealthy development of the market economy and the successful admission to theWTO, all of which have urged the building of the Rule of Law. But including civilservants, the management of the public sector's human resources, especially themanagement of the cadres, the central part, has being remained such a state as thepolicy management is primary, the legal management is subsidiary, the lowmanagerial efficiency and the poor managerial effect. This is bad for theconformance to the history's requirement, for the consolidation of the fruits of Ruleby Law and for the expansion of the succedent reformation. So in order to whollyachieve the country under the rule of low, discussing the legalization of cadres'policy is essentially important. On this basis, the present thesis aims to analyze theproblem of the legalization of cadres' policy deeply and technically. And becausecadres' managing tasks have always persisted in the Principle of the Party Assumingthe Responsibility for Cadres' Affairs, cadres' managements are relative to theparty's guidance, and this introduces the study of the problem of the legalization ofthe policies that are used by the party for cadres' managements.Using the longitudinal, historical researching method and the transverse, nationalresearching one, taking the important thought of the party as the instruction, havingthe problem of the legalization of the policies that are used by the party for cadres'management as the inspection object, the thesis has systematically reviewed thecadres' managerial policy of the party, and has analyzed the status of cadres'management home and abroad, the necessities and the approaches of the legalizationof the policies that are used by the party for cadres' managements. The present thesisis composed of five parts.First part: The historical retrospection of the policies that are used by the partyfor cadres' management. This part has amply hackled the cadres' policies that were established by the party, has clarified the important functions exerted by the cadres'policies in their management, and has summed up the laws of the establishment ofthe cadres' policies. Such retrospection not only supplies reference to theestablishment of the cadres' policies now and then, but also is the premise andfoundation of the study of the legalization of the cadres' policies.Second part: The innovation in the reformation of the cadres' managements.This part contains some new methods and new acts that are created by the party andthe government under, the circumstance of the reformation of personnel system,including three aspects that is, party and government organizations, state ownedenterprises and government-sponsored institutions. This part is the significant fruitformed by adhering to and carrying out the cadres' policies established by the party.Third part: Cadres' management of the parties in western countries. Since theparty members, especially the cadres, who have good organizing and leadingabilities exert an active effect on promoting the party's various activities, all theparties in different countries are attaching importance to the control and managementof its members and cadres, while fully utilizing their performances. The Principle ofthe Party Assuming the Responsibility for Cadres' Affairs is a common principle towhich sticked by different countries' parties. So the summary of the commonness ofcadres' management in different countries can supply reference to cadres' managingtasks in our country.Fourth part: The necessities of the legalization of the policies that are used bythe party for cadres' management. The realization of the legalization of the policiesthat are used by the party for cadres' managements is of great meaning for thepolitical structure reformation in our nation, it meets not only the demand of thetheories of state affairs management, but also the need of the realistic practice. Onthe theory, it is the only way to follow the parties' campaign disciplinarians and topromote the parties' modern course; it is the need of setting up the pattern ofconstitutional government; it is the desire of the market economy's development. Inreality, the existing fruits of the legal system of cadres' management make a goodfoundation for the advance of the legalization of the policies that are used by the party for cadres' managements; the exploration and innovation of cadres' managingtasks need normative lead; the complexity of the cadres' ranks calls for thelegalization of the policies that are used by the party for cadres' managements; thereigning status of the Chinese Communist Party decides the legalization direction ofthe policies that are used by the party for cadres' management; the legalization of thepolicies that are used by the party for cadres' management is the effective means forthe settlement of existing problems in the present cadres' managing policies.Fifth part: The choices of the approaches to the realization of the legalization ofthe policies that are used by the party for cadres' management. We should perfect thesystem of law and policy, strengthen and enhance the executive force of the law andpolicy, in addition, borrowing other countries experience must consider our ownconditions, only in this way can we find the feasible measures to solve all of theproblems with Chinese Characteristics.