The Legal Framework Of Service-oriented Government

The model of serving government is the aim of our governmental system reforming .The jurisprudence study of The model of serving government is helpful to identify the jurisprudence base,valuable trend of rule of law and the theory of legislation construction of it ,to provide jurisprudence supporting and legislation sustaining for its construction; It also can strengthen the ability of jurisprudence to respond and take care of the social reality.The model of serving government is the certain deduction of the basic theory of constitution. Based on people for administrative power and for government is the inference of the principle of the people's sovereignty theory; the model of serving government is the orientation and request of the changing of the content of human rights; the model of controlling administrative power based on the model of serving government is the progressing trend of power controlling system.The idea progressing of administrating by law and the deepening of the theory foundation of administrative law provide theoretic proof and practical supporting for the model of serving government at the area of administrative action. The idea of administrating by law has conquered the shortcoming of the strict idea of rule of law and the vulgar idea of rule of law one after another. The emerging of the freely determining power enhances the active ability of the administrative power; the arising of soft administrative action releases the latent ability of administrative power go step further. The theory of rethinking type of administrative law exceeds the"theory of controlling administrative power"and"theory of balancing"and becomes the strongest respond to the progressing trend of modern administrative law and government.The construction of the model of serving government is the certain selection and important means for our construction of rule of law. The construction of the model of serving government keeps continuity with our construction of rule of law in basic orientation and idea, and has important value as a tool. Aimed at the dilemma in subject,the obstacle in running and the idea confusing in value, the model of serving government can push our rule of law ahead in the areas of cultivating civil ability,controlling administrative power and molding the faith of law.The legislation embodying the constructing trend of the model of serving government is both the consolidation of achievements of government construction and the follow molding of the government which is in changing. We should construct and perfect the legislation which sustains the model of serving government, according to the moving process of administrative power. In the starting stage, we should construct the dividing mechanism of administrative power, and identify the different orientation of administrative law in public administrative area and social self- administrative area. In the stage of implementation , we should perfect the mechanism of civil participation, enlarge the extent of civil participation from public determination,implementation and evaluation, and ensure the factors of civil participation from freedom of administrative information and expression of popular will. In the stage of repairing, we should perfect the restoring mechanism for the absence of administrative law including the regulation of administrative querying and the monitoring regulation for absence of abstract administrative action, and the saving mechanism including the regulation of administrative reconsidering and administrative appealing.