On The Construction Of A Law-baesd Government In The Perspective Of The Modernization Of National Governance

The rule of law has been recognized in both China and western as the best and the most effective way.Report to the Eighteenth National Congress of the Communist Party of China pointed out that the rule of law is the basic way of governing. " Certain major issues’ decision on the central committee of the communist party of China on comprehensively deepen reform”,which put forward in November 2013 in the third plenary session of the communist party of China says: " comprehensively deepen the overall goal of the reform is to improve and develop the socialist system with Chinese characteristics, promoting the modernization of national management system and management ability.”The ninth part of the report specifically discused "promote the rule of law construction in China", “To build of the rule of law construction in China, we must adhere to the country under the rule of law, the rule of law in government, and the rule of law in society construction.The fourth plenary session of the party’s 18 made strategic plans for promoting the rule of law,”the vitality of law lies in the implementation,the authority of law is also lies in the implementation.”Government at all levels must be under the leadership of the party,further to promote administration according to law,to speed up the construction of the rule of law in government.Under this background, this article was based on such a background to study the gonernment under the rule of law related problems in modernization of national governance :Firstly, Countries management modernization and the rule of law government consruction is a problem of two aspects. Construction of government under the rule of law is in the modernization of national governance.The construction of the rule of law government goes through many years,the theoretical exploration accumulated experience for the subsequent development. It is beneficial to the construction of the rule of law government to work better in this new field of vision to establish research angle.Secondly, The third plenary session of the party’s 18 proposed to deepen the overall goal of the reform is composed of two sentences as a whole,the system of socialism with Chinese characteristics determine the direction of the government management in China.The modernization of the management ability and the management system regulates the developing direction of the future government. The combination of the management system and management ability, thanks to the modernization, makes it able to achieve the maximum public interest. This new concept and the government construction under the rule of law have intrinsic connection, which can boost mutual gain. All of these has laid a good groundwork for the construction of government under the rule of law.Thirdly, under the background of modernization in the national governance, the Chinese government under the rule of law are facing a new dilemma.From the perspective of the market economy, we still can see the phenomenon of government intervention in the market.Curing and department interests is unfavorable to the market who plays a leading role; From the angle of democratic politics, legislative, judicial and enforcement problems hindered the process of democratic politics in China; From the angle of advanced culture, people short of the consciousness of law, which shows the deficiency of the rule of law culture; From the view of harmonious society, the lack of laws and not sound regulations, the lack ofenvironmental law consciousness and the insufficient in law enforcement and management of ecological environment ability have led to the serious environmental problems;From the point of the party’s construction, some phenomena like“words instead of law ", “right beyond the law" never cease. And corruption within the party also impact the authority of the law. Law construction should be integrated into the national management modernization, in order to build a better construction of lawful government.Fourthly, the key of the national management modernization is to put forward the legalization. Work in advance on the orbit of law, government should not only adhere to the Chinese characteristics, but also to respect the practice. On the one hand,we should deal with a key link in the process of the rule of law government construction, on the governing idea,emphasis on "people-oriented"; on the power relationship,pay attention to "party harmony";on the administrative practice, strive to "be realistic and innovation". According to the deployment of the fourth plenary session of the party’s 18, on the other hand, make the rule of law government construction to realize the target state of "scientific functions, strict law enforcement of power and responsibility, open and fair, honest and efficient, honest and trustworthy".