The Study On Social Regulation Of Government In China

It is necessary to perfect government's function of micro-regulation into correctly deal with the relationship between government and market. The main object of the research of this paper is social regulation which belongs to direct regulation.The social regulation formulate certain standards for the quality of products and services and various activities coming up with the offer of them as well as inhibit and limit certain behaviors, with the aim of guaranteeing the people's safety,health,sanitation, protecting environment and preventing disasters.The main theoretical bases for the government's social regulation are:externality;non-symmetry of the information; sufficient supply of public properties and non-valuable goods, etc.The regulation mainly reflects the government's determination and surely will be influenced by the State's political, economic and legal systems, even will be influenced by the history and culture. In its essence, the regulation is not a kind of objective reality, but a kind of system regulations.Realizing efficient regulation must start from the government's self construction. As the subject of regulation, both the government's understanding to the nature of the problem and the government's choice of the design and realizing means of the systems would determine whether this economic function can be truly utilized reasonably in its essence. The government, as the supplier of systems, is a system itself, is a special system that can determine general systems, so it is the most important system that should be established primarily. The reform of the government's regulation bodies must aim at establishing"responsible government". Here,"responsible"means that the administrative subjects must response to the public's demands actively and adopt active actions to satisfy the public's demand. To perfect the regulation to the determiner of it, firstly, the people's congress and its standing committee must strengthen their supervision to the regulation organizations.Secondly, bring social public opinion's supervision function into full play, call the citizens'self management consciousness, transform from the government's single management to multi-management performed by the society, the public and the government. The reform of the government's regulation function also demands to establish"limited government". Confine the government's power limits strictly in the process of regulation, especially when firming believing that a certain department is influenced greatly by a particular interests group, the government's intervention should be limited.The main problems in our country's social regulation and its implementing include: the government's regulation ability is weak;the regulation legal system is very imperfect; the legislative procedure of the social regulation is not standard; the independent position of the regulation organizations in law is not fully reflected. Realizing legal regulation primarily demand us transform from all-round nation to supervision nation; rule and regulate the regulation determiner according to the law; establish efficient government organizing order. Adopting the principle of"guiding by law", first draft a Regulation Basic Law, realizing the legalizing of the regulation. There must be legal basis when the government drafts regulation rules. The administrative organs cannot limit concerned person's rights or increasing concerned person's obligations using rules and regulations without legal basis.At present, present situations of the functions of our country's government social regulation are:"over ruling"and"no ruling"exist simultaneously,"too much"and"too little"happens together. For the above reasons, we propose to establish"appropriate"social regulation mode, rectifying"over ruling"and"too much", remedying"no ruling"and"too little".The establishment of such regulation mode must conform to the following demands:(1)the function range of the subjects of the regulation must be appropriate. Multi-management theory acknowledges the government's priority as the subject of public management and emphasizes the harm of depending on the government only. Realizing social public interests is not only the government's obligation, while other social organizations also have the same obligations. For the above reason, the cost of realizing social public interests should not only be taken by the government, but also be taken partially by the market and other social organizations. The government should decreases social regulation activities, reducing administrating costs; narrow primary administrative power ranges, scatter social management power, so as to restrain the expanding of finding rent behavior, to reduce the social risk of regulation behavior. (2)Draft procedure of the regulation rules must be standard. In essence, the draft procedure of the social regulation rules is a chess playing process among different interests groups. Related laws and regulations are the products of each party's compromises. In the draft procedure of the process, if neglect the participation of the public and fully depend on the leading departments of the government, the process surely will be influenced and controlled by certain particular interests groups.We can gain a good deal of revelation from the experience of the U.S.A and Japan and some other western countries in the reform of our country's social regulation. They have perfect regulation laws and regulating, complete cost calculating system and particular laws implementing organization of strong independence. At the same time, full expression of the public's wishes and good social supervision system also have pushed forward and promote the construction of social regulation compulsorily.In a word an important aspect of realizing effective regulation mode is to realize the standardization of the draft procedure of the regulation rules. Further strengthen law drafting consulting as well as perfect price consulting; establish the consulting president's independent and legal position; raise the participation of the public in the process of consulting.