Legal Control Of Government Progress

Structural relation is the form of government system,while theory of government by law is the key theory of the study in the relation of law and government.The complexity of government system decides that the prerequisite of solution for the government system establishment is to cognize the structure of government system.Research on the theory of government should focus both on the surface “hard structure” and “soft structure” of structure relation and system logic,which means that it is necessary to make clear of the relationship of administrative subordination,dependence relationship,decision relationship and synergic relationship by jumping out of the relationship of central and local government.There are five chapters of the body in the thesis,apart from introduction and conclusion.In the first chapter,the author tries to review the theories and paradigms of the government by law.Administrative Law should not ignore the fact that government is a self-organizing system in society,as a result,it is impossible to solve the dilemma of legality of the government in the opposition of the administrative law and administrative power.Studies on the theory of government by law should keep the tradition of law theory,but it should also adapt itself of the practical approach by going out of the set patter of institutionalism,instrumentalism,rule theory and control theory.The second chapter will discuss the characteristics of government system and its legal situation.Comparing the traditional knowledge explanation of government system,systematic explanation provides an effective approach to explore the characteristics and regulation of government system.According to the author,system science paradigm is not deny of the traditional paradigm,but is the supplement,which is the key to the door of the characteristics of government system.Chapter three is to analyze the structure of government system and its legal adjustment.Structural relation is the form of government system.The complexity of government system decides that the prerequisite of solution for the government system establishment is to cognize the structure of government system.The surface is easy to be found,but the essences is difficult to be discovered,as a result that the prerequisite is usually ignored.So most scholars focused on the surface structure or hard structure,but ignored the deep structure of structural relation,subject awareness and institutional logic.According to author,study of the structure of government system is one of the most important keys to open the view of government system,which is meaningful for establishment of the system of government by law.In the fourth chapter,the author intends to extend the behavior of government system and its legal regulation.Both organism and inorganic body can be understood as the interaction of elements within its structure.Legal system emphasizes elemental function and whole efficiency,which pay attention to dynamic process of behavior system,system feedback and the relationship of each system.Effective administrative law should regulate the process,behavior relation and way of decision-making of the government behavior.Chapter five will discuss the function of government system and its law control.Any government systems firstly should set aims for their development,then they can make policies to realize their aims,so do administrative process,which is ignored by most scholars in the past.Legal system is the order parameter of human self organizing control system.Legal mechanism is a synergism pattern,not a harmonious,which means legal system should be synergic development,rather than cooperative development.Administrative process is a system of integrity,relevance,dynamic and openness as well as complexity,so it is necessary to solve the problems by the leading of system theory.Administrative process has clear aim,which emphasizes the harmony of power and right.So the study on law regulation of administrative process should reveal the relationship of each sub-systems,which should also be coordinated by the law.Government by law is a theoretical focus,as well as a practical project.System science has applied into many fields,but is ignored by the theory research in legal engineering system.System science,which is a cross science,is combination and sublimation of system thought and system science,so it can drive for the reformation of new research paradigm.In the era of information and institutionalization,system science method will be meaningful for the theory of government by law.