Research On The Innovation Of Social Management Ruled By Law In Our Country

In the background of socialist country under the rule of law, rule of law is the inevitable trend of the development of China’s social management innovation. The innovation pattern of eighteen reports of social management of the party clearly put forward the proposition of "rule of law". According to the basic requirements of the rule of law, rule of law and social management innovation requires not only the legal system of social management innovation itself is a good law, namely, from form to content are in line with the requirements of justice, but also the legal system of social management innovation can be orderly operation in the practice of social management innovation. In other words, the rule of law and social management innovation should be the organic unity of social management innovation of legislation, law enforcement, judicial and law-abiding.This thesis consists of introduction and main body includes five parts.The first part "Introduction", the background and significance of topics, the social management innovation of our country’s legal system and the status of research, relevant concepts, the main points and innovations, research methods and ideas are analyzed, the rule of law in our society of management innovation cornerstone research, set up the theoretical framework the main idea of the article research, clear, scientifically and to the social management, social management innovation, the innovation of social management legal concept.The second part "social management innovation and the rule of law" part profoundly analyzes the intrinsic relationship between the innovation of social management and the rule of law. The innovation of the social management and the rule of law to get fit in amazing value restriction of power and protection of rights. View of the rule of law, social management innovation is the key to limit the government power of social management, the core is to protect the fundamental rights of citizens, value lies in the promotion of the whole social justice realization, aims to achieve good governance. The innovation of the social management and the rule of law is the unity of contradiction, conflict and coordinated with each other. Specifically, the conflict is shown as:Conflict of social management innovation and the legitimacy of rule of law conflict between social management innovation; dynamic and stability between the rule of law; social management innovation in advance and the rule of law lagging of the conflict; conflict of policy innovation in social management and the rule of law governing the. The consistent performance:the rule of law with the innovation of social management legitimacy, authority, predictability and operability; rule of law from the power/rights, duties/obligations, procedure, responsibility, social management innovation to set boundaries; the rule of law with its inherent freedom, equality, order, efficiency, fairness, justice value to lead the social management innovation value pursuit, inhibit the alienation of social management innovation, promote the innovation of social management essence; the rule of law as the convoy escorts social management innovation, not only to the national compelling force as the backing to confirm and guarantee the achievement of social management innovation, but also has the tool value and direction significance for the innovation of social management; at the same time, society management innovation and its constantly, the new practice of the rule of law to put forward new demands, new challenges, continue to promote the rule of law to mature. Rule of law is the inevitable trend of the development of social management innovation. Produce, change, disappear of social interest relations in management innovation, shaping the citizen society, the government social management function transformation and the realization of social justice needs the rule of law norms, guidance, support and protection. In China, promote the rule of social management innovation of great significance to the realization of.The third part "social management innovation under the rule of law:legal system of social management innovation", China’s current legal system of social management innovation of the present situation and existing problems are analyzed. Throughout our country’s present legal system of social management innovation, overall characteristics is the system supply on the quality and quantity are woefully inadequate, it can’t meet the broad needs of social management innovation practice. First of all, the innovation of social management legislation idea malposition."Attaching great importance to the economic legislation ignore social legislation"、"Attaching great importance to the control belittle service"、" Valuing the things look down on people". The legislative ideas lead to long-term in China since reform and opening up will be focused on economic legislation, but to some extent neglected the social legislation. The innovation of social management legal norms not only serious deficiency in quantity, but also on the content, the modern rule of law and people frist, ruling for the people, the spirit of service administration is not consistent. Focuing on the immediate interests of the people themselves have not enough concern, for lack of the constraint of power and restriction of social management, neglecting the change of government role accurate positioning and functions of social management. Second, in legal form, legal norms of social management innovation overall level is low, most in the form of laws regulations; strict controls, in the system design to the control function of social management too much emphasis on, service function seriously enough; lacking of innovation of social management part of the law, part of the legal norms lag or operability is not strong, and systemic weaknesses between legal norms; administrative dominant, departmental benefit legalization phenomenon is serious. Finally, in terms of specific content, government level:the legal threshold is too high, independence is wanting in legal protection, operating is short of legal norms, long tendency to camp regulation does not reach the designated position, legal regulatory system is not sound; citizen participation in level, legal basis is not clear, system supply is not enough, participate in the channel is not free, functional definition is not clear, supervision and legislation lag, legal rigidity is not strong, supporting institutional guarantee does not reach the designated position.The fourth part "the key to social management innovation under the rule of law:the innovation of social management law enforcement, judicature and law-abiding" section, For the innovation of social management law enforcement, judicature and law-abiding in promoting social management innovation under the rule of law of value and the existing problems are analyzed. The innovation of social management law enforcement, judicature and law-abiding is the key to social management innovation under the rule of law. To be specific, the value of the innovation of social management of law enforcement is:Law enforcement is the government and its authorized or entrusted the main means to realize the social organizations of social management functions; law enforcement is the innovation of social management law to the carrier of social life each domain; law enforcement helps to promote the development of social management innovation in depth. The problems reflected:law enforcement idea behind; enforcement of the law negative act or not strictly; law enforcement inclusive enough and simple way; lacking of the law enforcement procedure; law enforcement agencies set up is not scientific, poor supervision and law enforcement. The value of judicial social management innovation is:mediation of social disputes, resolving social contradictions, maintaining social order, promote the realization of social fairness and justice surging social management within the framework of the legal right to exercise the power; extension of the administration of justice, providing legal services, to promote social management innovation under the rule of law. The problems reflected:judicial idea mistake; lack of judicial authority; judicial independence is not strong.The value of the innovation of social management to obey the law is:the law makes the innovation of social management legislation, law enforcement and judicial offices to confirm and protect the interests of the reality, realizing the balance of interests between different subjects; making for the constraints of social management authority, urging citizens to actively exercise their rights of social management; helping to promote the formation of good social order, to create a harmonious and stable external environment for the innovation of social management. The problems reflected: attaching great importance to the negative to obey the law, ignoring the positive law, to advocate citizen to obey the law, ignoring the government to obey the law, law-abiding consciousness is not strong, consciousness is not enough; lacking of legal faith.Part five is the path of social management innovation under the rule of law, which probe into the realization of the path of social management under the rule of law. The general idea is to establish a people-oriented philosophy, the right-control idea and the rule of law concept of fairness and justice, adhere to the principal of the rule of law in science, democracy and the weak interests protection, begin with specific aspects of the operation of the rule of law, improve social management innovation legislation, law enforcement, judicature and law abiding, realize the organic unity of social management innovation legislation, law enforcement, judicature and law abiding. On the aspect of social management innovation legislation:the government level, firstly, the government’s social management role to be accurate positioning(social rule makers, civil society breeders, public service prodivers, the guardians of the social order; Secondly, be effective legal regulation of the government’s social management functions to achieve the legalization of government’s social management powers, procedures and responsibilities; Thirdly, be effective legal regulation of government’s social management powers, with the help of the legal means of legitimacy, purposiveness, substantive rules, procedural rules and oversight mechanisms to restrict government’s social management powers; Fourthly, be legal guidance of the government’s social management methods to guide the government social management from control pattern to service pattern, from full engagement to selective engagement, from closed to open. The social organization level, it is recommended to formulate a unified social organization law or social organization promotion law or the legislation model of specific legislation on specific social organization, modify and improve specific law system of social organization. Firstly, in terms of legislation on subject qualification of social organization, lower threshold of social organization; Secondly, in terms of legislation on independence of social organization, make clear the relationship between social organizations and the government; Thirdly, in terms of legislation on internal management of social organization, explicit social organization’s not-for-profit nature; Fourthly, in terms of legislation on supervision of social organization, establish and improve supervision system of social organization. Citizen participation level, firstly, perfect legal authority for citizen participation in social management, to provide a legitimate basis for citizen participation in social management; Secondly, improve legal system on the disclosure of government information, to lay the foundations for effective citizen participation in social management; Thirdly, improve legal system of social organization, to provide the carrier for citizen participation in social management; Fourthly, perfect the hearings legal system, to provide an access for citizen participation in social management; Fifthly, establish and improve system of rights protection and relief, to provide guarantee for citizen participation in social management. On the aspect of social management innovation law enforcement:firstly, transform the enforcement ethos of social management and establish the concept of law enforcement for the people, service administration and harmonious law enforment firmly; Secondly, set up a uniform and consistent social management system and strengthen the social management as an obligation; Thirdly, improve social management innovation law enforcement way and transform law enforcement way; Fourthly, improve the internal and external supervision system of social management innovation law enforcement. On the aspect of social management innovation judicature:firstly, be directed by correct judicial idea, establish the judicial concepts of handling cases according to law, parties-oriented, judicial end and power restriction; Secondly, protect judicial independence and renew judicial authority; Thirdly, strengthen perforcemence of judicial duties and promote active judicature. On the aspect of social management law abiding:firstly, realize the transformation from social management law abiding obligation to social management law abiding right; Secondly, strengthen the government’s law abiding obligation on social management innovation; Thirdly, enhance publicity and education of the rule of law, develop citizen’s cognition of abiding the law; Fourthly, comprehensively shape the citizen’s faith in law.