On Administrative Paternalism And Its Limits

Paternalism go out of grey shades of the patriarchy since the non-liberal thinkers Gerald Dworkin's famously paper "Independent of the Theory and Practice" Published,As a kind principle of love has been brought into focus by the political and legal principle field.Administrative paternalism claims that the government should uphold the good faith of father in some areas of social life,to promote the interest of the citizens for the purpose,to limit civil liberties for the way,and objectively promote the public interest.As one of the theory of branch of paternalism,administrative paternalism is the embodiment of government's care focus on theory of citizen.Administrative paternalism corresponds to China's Confucian governance concept,and adapts to the current of the concept of people-oriented.However,the power of the government and the citizen individual freedom always be naturally together.There are two different roads between Chinese and western countries in the evolutionary process of administrative paternalism.In western countries,the experience from the soft administrative paternalism of limited government to the limited administrative paternalism of welfare state road.China is experiencing from the ancient patriarchism,administrative hard paternalism to administrative paternalism.Administrative paternalism in China has legitimacy foundation.Administrative paternalism provided theoretical support for the government's decision making efficiency within the proper power.But under the mode of all-powerful government,administrative paternalism can increase the risk of government abuse of power,characterized by super administrative paternalism,will bring the alienation and abuse of government power.The point of administrative paternalism theory dispute is based on the premise that government can impose on social organization or individual behavior intervention,and how to intervene.In modern society,is administrative paternalism heritage or evil feudal legacy?Should retain or abolish?This paper combed the connotation,theoretical origin and values of administrative paternalism,combine the practice in our country,on the basis of further clarifying the relationship between government and society,and the relationship between government and citizen,explore the outlet of administrative paternalism,to establish a serving-oriented government is the balance of the dilemma of administrative paternalism nowadays.,and build positive interaction relations between government,society and citizens so as to provide reference for the harmonious development of society.This paper will be discussed from the following six chapters.The first part is the introduction,mainly elaborate the paper selected topic origin,research significance,the domestic and foreign research review,the research framework,research methods,and the main innovative points.The second part,defines the related concept of administrative paternalism,and states the types of administrative paternalism in detail,then analysis the causes of the administrative paternalism and value appeal.The study of administrative paternalism is based on the Vito Tanz's fatherly paternalism government theory and Herbert Simon's bounded rationality theory.And then,in the third part mainly elaborate the administrative paternalism's controversy and legitimacy basis's controversy is that free or not,agree or not and efficient.The legitimacy basis of administrative paternalism is that safeguarding the interests of the subject itself and positive liberty,guiding the subject to make the right choice,safeguarding the interests of the other subject,maintaining the market economic operation environment and carrying out"people-oriented" concept of governing proves legitimacy.And discuss the limitation of administrative paternalism.In the fourth part,based on the analysis of differences between the"family-country" structure of Chinese and western countries,discuss the division and evolution of between Chinese and western countries.The abolition of administrative paternalism will be discussed in the fifth part.Next,the sixth part put forward the trends of administrative paternalism.To establish a serving-oriented government,to prevent the alienation of administrative paternalism,further to clarify the relationship between government and society,the relationship between government and citizen,and to build positive interaction relations between government and citizen,to promote the harmonious development of society,can reflect the government's really "good faith".