The Research On The Institutionalization Of Administrative Discretion Which Based On Consultation Consensus

The third Plenary Session of the 18 th CPC National Congress clearly pointed out the general goal of reforming in all respects, which is improving and developing the socialist system with Chinese characteristics, promoting national governance systems and governance modernization. The boundary of the administrative affairs enlarges day by day by the deeper developing of social differentiation and division of labor. Being like the “blood capillary” of the systems of social governance, the administrative management plays an important role in people's daily life. And the administrative discretion, which in deed is a kind of summation of administrative and communication relationship between administrative subject with administrative counterpart, in fact, is in such a "Between facts and norms" which caused by the specific life practice and administrative regulations self-understanding. Like the representative of a series of administrative conflict, “Zhoukou graveyard razed event”, have reflected a longstanding problems that there is a tension between the traditional social ethics and modern administrative system.in other words, there are differences and fierce fighting in internal institution which representative patriarchal ethics and external institution which representative public ethics; lacking of mutual trust and consensus between administrative subject with administrative counterpart; the " subject-object " type of type of administrative management mode derived from the traditional bureaucratic administrative system and the " Officialdom Standard Thought "This dissertation attempts from a communicative rationality "social person" assumption, through economic and political considerations, firstly, excavating the motivation of the concepts of “Good” from the cultural dimension, which behind the administrative subject and administrative counterpart's behavior, integrating the internal rationality of administrative ethics and patriarchal ethics, using the “Common Good” as a fit point to integrate the two opposites. ”Seeking similarities from differences and seeking common ground while reserving differences”, looking for the inherent mechanism of communication and understanding between heterogeneous subject, in order to provides a new theoretical approach to digest the tension between internal institution and external institution. Meanwhile, using the concept of” Live World” reconstruction trust relationship between heterogeneous subject, extracting the background of ” Live World” and the traditional standard from economic and political system which shared by administrative subject and administrative counterpart, and using all of these as the pre-understanding of discourse which makes both two sides could communication equally. In addition, the last part combines theory and practice. Through specific case, focusing on the key role of the inter-subjectivity communicative action in wake up traditional norms and return the” Live World”, which different from the " subject-object " type of communicative action in the past, in actual process of administrative discretion, discussing and summarizing the conditions of construction a pre-discourse stage, that means, communication needs to satisfy four linguistics validity claims, so that lay the foundation for truly achieve consultation consensus on the institutionalization of administrative discretion.