Administrative Consensual Concept Of Public Governance Model

Administration is dynamic and its connotation evolves with the change of socialand political system, economic base, cultural tradition and other factors. The essenceof the law lies in the link between things. The purpose of administrative law is toexplore and reflect the character, regularity and development trend of administrationin different times, and ensure the "administration" in a good direction. From theperspective of Western Administrative Law development, the arrival of theadministrative state and the emergence of welfare states has shifted the attention ofadministrative law from the traditional order administration towards service-orientedadministrative areas. The traditional mode of administrative law based on the idea of“separation of the three powers and that administration is the enforcement of law”does not go with such development trend. To transform the traditional mode, thereexist two paths: subversion or discard. Following such paths, two scholarships ofadministrative law research were formed:“Normativism style” and “functionalismstyle”. Rooted in the control function of the administrative law, normativism stylesticks to the political theory of “individualism, social contract and state sovereignty”and the classical ideas of law. It attempts to further strengthen control onadministration, especially the administrative discretion, from the exogenous variables..Functionalism style converts such attitude and perspectives, uncovering the mythicaltheory of administration and focusing on the empirical aspect of administration. Itattempts to lead the administrative power to play its positive function through respectand guidance, and thus to realize its administration goal. Different from the limitedgovernment in the west, administration in China has always been in the core of thestate power. It bears such multiple responsibilities as social management, and economic and social development. However, the introduction of service-orientedadministration and the rise of modern public administration expand the administrativefields, and various governments are expected to implement good governance. Tofollow such public administration development trend, traditional centralized modelin China is unable to adapt to the modern public administration, which requires thetransformation from order-centered to service-oriented. Modern administrationrequires effective implementation of public affairs and effective provision of publicservice, and tries to get recognized by the administration clients and be responsive totheir needs. The hierarchical management system under unilateral governance hasbeen unable to meet the effectiveness of modern administration. To fulfill suchadministrative goal, a new mode of social public governance is needed: firstly, thePyramid’s power structure should be broken down to distribute the social resourcesreasonably through the combination of governance and social autonomy, and improvethe quality of public services; Second, the administrative pattern should be changedby incorporating public-private partnership to improve administrative efficiencythrough the introduction of competition mechanism. Third, the platform of publicparticipation should be constructed to make the will of concerned citizens reflectedand integrated into the execution of public affairs. Confronting with such commongovernance, administrative law should dilute its control function based on politics andattach greater importance to technical administration skills focusing on specificmatters, and thus realize the transformation from controlling to regulating and guidingThe introduction of consensual ideal is the response to the contemporary publicadministration from functionalism ‘s perspective. Consensual ideal can provideguidance to development and operation of public governance, and incorporate it intothe orbit of the rule of law, which consists of cooperation between governmentorganization and non-governmental organizations, and consultation between publicadministrative body and administrative relative person, so as to help realize the targetof the modern administration.