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Chief Of Government Planning Under The Rule Of Law

Posted on:2009-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2166360248956865Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Through 30 years of China's reform and opening up, the socialist market economic system has been established .China joined the WTO and selected the "rule of law" as the basic strategy of nation-building. At the same time, the rule of law in our country's national construction in accordance with the actual basis for the development of natural, inevitable participate the world the concept of the modern administrative building and research in the 20th century that began in the 1970s. Fully appreciate abroad more than 100 years of the gains and losses on the basis, we have to avoid negative as the "vigil", but also serve as a panacea to avoid government intervention, and the government should strive to become a modern concept of the practice. Therefore, the current goal of the rule of law in our government is not only to creation of good public order through the realization of administration according to law, but also to meet the people in accordance with the law adopted by the social needs of public resources to focus and strengthen its own mechanism for social development. It is clear that these administrative goals and effective administrative planning are inseparable. As an important means of modern administration, the planning in the role of government administration will be even more highlights and the regulations will be the more important opposed to the administration planning.Although the Chinese government and its departments in the administrative practice of the planning tools are extensively used, and the overall planning and planning for the sector are practiced in a wide range, but the planning of the administrative law theory has not be reasonable posited and regulated. The existence of a large amount of administrative planning is reflected, on the one hand , that our government skilled in a co-ordinated longer grip and take precautions, on the other hand, that the development of the planning and operation are liberal and arbitrary. To accurate positioning of government planning in the framework of the rule of law needs , it is an important measure of the quality of the construction factor and an important subject for the rule of law in the construction. How to determine the appropriate scope of the planning, to ensure that the scientific planning of democracy rather than jeopardise the rule of law in a rational request? Analysis of the author worked hard, through the concept of planning, nature and legal status, scope of application, develop procedures, and the relief operation, established in the planning of the government in a reasonable position and satisfied that the planning in the legal system. This is conducive not only to promote the idea of updating management, and promote the government consciously strengthen the concern of the community, the social function of their own cultivation, but also conducive to formation of the government and the social interaction and balance the good situation of the rule of law. On the other hand, the development of social function and the rational decision-making can conducive to the abuse of executive power constraints.
Keywords/Search Tags:Administrative planning, the legal status of the planning, Social function, Due process, legal remedy
PDF Full Text Request
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