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Study On The Issue Regarding Chinese Government Governance In The Context Of Ruling By Law

Posted on:2018-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y W FanFull Text:PDF
GTID:2336330515982679Subject:Legal theory
Abstract/Summary:PDF Full Text Request
It is always a hot topic to discuss what kind of government should be built in the human society.In the modern history,varies suggestions have been come up with.Based on the theory of economic theory,the government is regarded to play the role as a night watchman.The less they regulate,the better they would be thought of.Since the Great Depression in the 1930 s,the ideal government is required to intervene the economic development according to the Keynesianism.However,as the informationization started in 1970 s,together with the deepening of globalization and marketization,the things has changed greatly.The traditional model of government governance can neither fit the changes in the whole society nor solve the mass problems the government faced.Therefore,the theory of Government Governance came into being.The theory of Government Governance suggests that public affairs should be co-managed by a number of entities.As the most important part of the government governance,the government shall convert its previous idea regarding their status as a sole manager into an open mind working together with other entities in public affairs.Chinese scholars also introduced the theory to China in the 1990 s,and studied how to localize it.Chinese scholars' research on the theory mainly focused on the concept,and seldom considered the Chinese government governance practice and their characteristics of different periods.And the introduction of the theory was to solve the practical problems.Therefore,it is necessary to study the practice of government governance in our country and sort out the problems of government governance practice in the context of the current construction of ruling by law.Since China established,China's government governance practice has gone through three stages.Before the reform and opening policy was implemented,China's government governance practice was ideologically oriented.The government exercised an overall control over the society and everything was under the government's management.All the activities of the society members were included in the government's administrative system.After the reform and opening policy was implemented in China,the state started to return the great power over the society to the society itself and the government started to focus on the economic development.With the establishment of the goal to rule by law and the induction of the theory of government governance,China's government governance practice has begun to become more democratic and opener.However,although China's government governance has made great progress in practice,it is undeniable that there are still many problems in the practice of government governance.First of all,on the one hand,there are inadvertent administrative interventions in many areas.On the other hand,there are many areas lacking regulations.Secondly,the public service provided by our government in different areas has a large regional difference.Finally,the autonomy of social organizations and market organizations to participate in the management of public affairs is still limited by the improper intervention of the government.The existence of these problems has become an obstacle to the construction of an ideal government in China.The key to solving these problems is to reasonably limit the administrative power of the government.The government of the rule of law is not only an ideal government type in our country,but also an effective way to solve the problems existing in the practice of government governance currently.First of all,the government of the rule of law cannot exist without the confirmation,limitation and exercise of the power according to the law.To reduce and avoid improper administrative intervention,the power of the government shall be effectively limited within a certain scope and carried out with the scope.Secondly,to construct the government of the rule of law,society entities and market entities shall be given rights to participate in the management of public affairs.Due to the fact that the traditional Chinese society lacked the history of autonomy,besides to simplify administrative examination and approval procedures,the government shall create conditions and encourage the social entities and market entities to participate in the management of public affairs.Finally,it should be an important focus for the construction of the government of rule of law to provide fair public services with a high quality.The provision of equal services for the public should not only become the responsibility of the local government of a particular region,but also should be supported by the central government and protected by the law.Under the background of the construction of the rule of law,the core of both the construction of the government of the rule of law and the conversion from management to cooperation is to limit the administrative power to a certain scope.In China,the key to restricting administrative power is not only to strengthen the judicial supervision,but also to encourage the market entities,society entities to participate in government power constraints directly or indirectly.It also conforms the inherent requirements of the theory of government governance to systematize the participation of the society entities and market entities in the government power restriction.
Keywords/Search Tags:Government of the Rule of Law, Theory of Government Governance, Administrative Intervention, Market and Society
PDF Full Text Request
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