Stability Governance And Rule Of Law On Social Order

The fourth plenary session of the 18th Communist Party of China Central Committee passed the decisions of certain major issues on promoting the rule of law roundly made by the Central Committee of the Communist Party of China,which marked the major shift of China's social governance model.It's our important task to understand and better practice this major shift.This paper firstly reviews empirically the changing process of Chinese social governance model since China's reform and opening up.From then on,facing the complex and ever-changing social order situation,our country strengthened the power of maintaining social order by party and government system,which reflected on the function,organization and practice of the politics and law committee and related organizations.After more than 30 years of development,they have developed into a kind of social governance model,which is called "stability model".Changes with the stage of economic development,people have higher requirements for the social order and social governance mechanism,the disadvantages of this model are also gradually revealed.In this background,the Party Central Committee put forward the rule of law strategy.In order to better understand the shift of the social governance model in theory,this paper reviews related theories especially transaction cost theory and comparative institutional theory.According to the basic thought of comparative institutional analysis,we define "rule of law" and "stability model" as two types of governance models based on the mastery of China's basic political and social framework and analyze their traits relatively,what's more,make a comparison between them from six aspects,including incentive strength,independence,case dependence,dispute resolution limitation,program openness and effectiveness over time.On this basis,we analyze the goals and strategies of organizations and individuals related to the social order under the two different governance models and summarize the factors that affect their transaction cost respectively.Our analysis shows that "stability model" is the "second-best choice" for maintaining the legitimacy of regime and the stability of social development under the China's basic political framework and considerable degree of dis-junction between the law and economic and social development,which have been changing sharply.Along with the economic and social development,people's concept and awareness and all aspects of the requirements will change,which often lead to great reduce of the effectiveness of the stability model.Meanwhile,the stability model itself will rigidify inevitably only with the passage of time,whose governance cost will increase or effectiveness will reduce greatly,thus strengthening the rule of law is the inevitable requirement.In order to testify our analysis,the paper reviews the judicial reform since the 18th CPC National Congress and preliminary effects.At last,we put forward some further reform suggestions for promoting the rule of law strategy,including:Further safeguard the constitution and the law authority and to strengthen the scientific and democratic legislation;Further straight up the relationship between local party and government organizations and judicial departments in accordance with the law;Strengthen the judicial operation ability;Strengthen supervision by public opinion,let administrative and judicial practice run in the sunshine.