Analysis On The Latent Rule In The Government Administration

Abstract : Latent Rule which was first put forward by the eminent scholar Wu Si, refers to the otherwise rules that exist behind the formal rules in the Chinese officialdom . Latent Rule in the government administration is an informal system incompatible with the formal system, associating with the exercise of state power.Breeding and spread of Latent Rule in the government administration has complicated reasons related to the politics,economy and culture, etc. From a political and legal perspective, the discretion of the public power is the political base of Latent Rule to survive and operate. Latent Rule is actually the abuse of the discretion. Its nature is the alienation of the public power. Judging from the economic perspective, on the one hand, the characteristics of the economic man's self-production is the base of the reality of human nature that results in Latent Rule. Government officials always attach importance to the calculation of interest and make full use of the power to achieve the purpose of minimizing losses or maximize incomes, on the other hand, its exist and spread is because of an endless market supply and demand; From the cultural perspective, Latent Rule stemmed from patriarchal system and the formation of the nation which is backed by the negative aspects of Chinese traditional culture. It is the important cultural incentive of Latent Rule's breeding and spread. From a managerial perspective, breeding and spread of Latent Rule is related to the deficiencies of the government's administration system itself. From the perspective of Marxist philosophy, Latent Rule is a history category with its roots in social and economic infrastructure. From this angle, it reflects the contradictory relationship between people and the formal system. We should regard Latent Rule dialectically and understand its advantages and disadvantages. Moreover, the disadvantages far outweigh the advantages. With the advancement of our society, this phenomenon will gradually vanish inevitably.The negative impact of Latent Rule which resulted from the government's administration is very prominent. From a macro-perspective, the operation of Latent Rule in the government's administration will bring about the negative impacts to the politics, economy and culture, etc. From a micro-perspective, it will result in a variety of potential impacts on the corruptio.The following several suggestions are recommended on the comprehensive management of Latent Rule in the government administration: (1) to regulate the discretionary power under the formal system ; (2) to accelerate innovation of the implementation on supervision mechanism ; (3) to accelerate the development of cultural modernization; (4) to strengthen legal education for government officials.