Traditional Culture Encyclopedia - Traditional culture - What is the institutional basis of a government ruled by law?
What is the institutional basis of a government ruled by law?
(A) the * * characteristics of the construction of administrative rule of law
(B) personality differences in the form of administrative rule of law
(3) The form of administrative rule of law reflects the relationship between supply and demand of civil rights under the realistic national conditions.
(D) the diversification of the forms of administrative rule of law will easily lead to the uncertainty of the meaning of administration according to law.
Second, the legal regulation of administrative behavior.
(A) the composition and classification of administrative acts
(B) the effectiveness of administrative acts
(three) the establishment, effectiveness and elimination of administrative acts
(four) the defects of administrative behavior and its treatment.
Third, take the theory of balance as the theoretical basis of the construction of administrative rule of law.
(A) the theory of balance as the theoretical basis of administrative law and development.
(2) The theory of balance has been extended from the theoretical basis of administrative law to the theoretical basis of public law.
(3) Balanced public law and its realization.
Four, the evolution and migration of the principle of administrative rule of law
(A) the principle of administrative rule of law is a kind of regional knowledge.
(two) the form, substance and comprehensive principle of administrative rule of law.
(C) the main variables that affect the regionalization of the principle of administrative rule of law
Verb (abbreviation of verb) response-oriented public law reform
(A) the reasons for the reform of public law and its choice restrictions
(B) the logical structure of public law system reform
(C) the basic types of public law system reform
The establishment and evolution of intransitive verbs' administrative rule of law: taking Britain, France and Japan as examples
(A) Britain: "Albert Venn Dicey tradition" and its decline.
(b) France: dynamic administration according to law
Japan: Taking the Shortcut of Legal Transplantation
The second part: the institutional arrangement of administrative rule of law construction.
First, build a balanced public law system.
(A) the division of labor and cooperation between national laws and regulations and social legal norms
(b) Parallel hard legal norms and soft legal norms.
(3) The central legislative norms and local legislative norms have their own strengths.
The norms of substantive law and procedural law match each other.
Second, the legal control of administrative discretion.
(A) the confusion and hope of administrative discretion control
(B) the basic elements of building an administrative discretion model
(C) the legal model of administrative discretion control and its transformation
(4) Set the scope of administrative discretion according to the control power of the mixed soft and hard method.
Third, the government to prevent and control social disputes: China practice
(a) the government has the legal responsibility to solve social disputes.
(B) the government's mechanism to prevent and control social disputes
(3) Improve the government's social dispute prevention and control mechanism.
Fourthly, improve the administrative accountability system: from the perspective of administrative management system reform.
(A) the establishment of administrative accountability system and its structural defects
(B) the defects of the administrative responsibility system have a "wooden barrel board" effect.
(C) improve the administrative responsibility system and give play to leverage.
(D) the improvement of the administrative responsibility system
The second part: China administrative legal system construction.
First, adapt to the trend of globalization: the concentrated expression is that administrative law has changed because of WTO.
(A) to reverse the logical starting point of administrative law
(B) clear the public welfare foundation of administrative law
(C) adjust the value orientation of administrative law
(D) Building a three-dimensional administrative law system structure
Second, it meets the requirements of public governance.
(A) the failure of the national management model
(B) from the state management model to the public management model.
(C) the rise of public governance model
(d) Public governance promotes the adjustment of institutional structure of public law.
Third, follow the public service orientation.
(a) the government should undertake the statutory duties of public services.
(b) Public law should promote the balance between supply and demand of public services.
(3) The public service model constructed by traditional public law has structural defects.
(4) Promoting the balance between supply and demand of public services through public law reform.
Fourth, obey the construction of a harmonious society.
(A) a harmonious society depends to a great extent on public rule of law.
(B) social disharmony caused by the imbalance of public law
(C) promoting social harmony through the construction of administrative rule of law
Five, in line with the requirements of scientific development
(a) The balance between the development of public law and social science.
(B) the construction of administrative rule of law should be guided by Scientific Outlook on Development.
(3) Promoting the scientific development of society through the balance of public law
6. Accelerate the construction of a government ruled by law with China characteristics.
(A) the practical problems in the practice of administrative rule of law in China
(B) Analysis of the social conditions of the construction of administrative rule of law
(C) the construction of administrative rule of law with China characteristics.
(four) the basic principles and strategic choice of the construction of administrative rule of law in China.
(5) Basic requirements and specific countermeasures for building a government ruled by law.
postscript
The theoretical basis and institutional arrangement of building a government ruled by law (series of strategic research on administrative system reform) This book is one of the series of strategic research on administrative system reform supported by major projects of the National Social Science Fund. It is the research result of the sub-project "Deepening the reform of administrative management system and establishing and perfecting the strategy of public administrative system", "Promoting administration according to law and building a government ruled by law". This book discusses the construction of administrative rule of law from three aspects, including: the first part is the general principles of administrative rule of law construction; The institutional arrangement of the construction of administrative rule of law in Zhongzhang; The second part is about the construction of administrative rule of law in China. The author outlines the grand background of China's administrative rule of law construction in a progressive way, and defines the specific path of China's administrative rule of law construction, from the metaphysical general principles to the metaphysical institutional arrangements, and then to the China of the administrative rule of law construction combining the universal law of rule of law with China's national conditions. Diversification and Choice of Administrative Rule of Law The so-called "administrative rule of law" mainly refers to such an ideal state, that is, the public administrative relationship is legalized due to the adjustment of public law, especially administrative law, the administrative organs administer according to law, the legitimate rights and interests of citizens can be safeguarded and guaranteed, and the public rationality can be maintained and demonstrated. The construction of administrative rule of law is to realize this ideal state by creating, implementing, applying and abiding by administrative law. Looking at the development of administrative rule of law for two or three hundred years, we find that on the one hand, administrative rule of law has relatively stable universal requirements, which are embodied in seeking legalization and rationalization of administrative relations between the public; On the other hand, in order to adapt to the tradition and reality of economy, politics, society and culture in different periods and regions, the specific meaning of administrative rule of law and its realization process are diversified. Therefore, historically, the concept of administrative rule of law is not immutable and single in form, but the unity of relatively certain general laws and uncertain specific forms of expression, the product of the combination of general requirements of administrative rule of law with specific national conditions, and the unity of * * * and personality.
* * * Characteristics of administrative rule of law construction
In short, the administrative rule of law and its realization process have the following characteristics:
1. The construction of administrative rule of law is an important part of the constitutional movement. Although the state machine and class society came into being at the same time, public administration appeared and the public administration system was formed, but the construction of administrative rule of law came late. As an important part of the constitutional movement, it originated in the early days of capitalism and was the product of the bourgeois movement against autocracy and for civil rights. It is generally believed that social phenomena such as administrative rule of law, democratic politics, market economy, the rise of modern public law, judicial independence and civil society are basically the products of the same era. It played an important role in the modern western constitutional movement. Accurately speaking, it is the focus of the constitutional movement that advocates checks and balances of power and safeguards citizens' rights and interests. Its establishment and development process is an interactive process with promoting democratic politics and establishing and perfecting market economy. 1. Audio-visual Gallery Our store has joined Baidu's consumer rights protection service. As a certified merchant, please rest assured when shopping.
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