A Study On The Thinking Of Administration By Law

The word of thinking is the term of Psychology; it means that information processing of the brain with the objective process. The thinking of the rule of law is an important part of thinking, at the same time it is also an important part of the law can be used in real life. If there is no support for the rule of law with the rule of law thinking, the rule of law is just a kind of talk. The rule of law needs to be constructed by the supporting from the concept of the rule of law thinking. If there is no absence of the rule of law thinking, the lack of integrity of thinking would be existed, and also thinking and the rule of law can not be fitted.The western rule of law thinking is rooted in the idea of governing the country according to law, at the same time, it is continuing to integrate the natural law thought and the humanism spirit into the rule of law thinking. It is the era of change of the evolution of the western rule of law thinking and the rule of law itself, and it is also the complete embodiment of the development of the society of rule of law. The western rule of law integrates the religious ideas and the abstract thinking mode. In the western rule of law thinking, the law is higher than that of the existence of power, the law needs to be based on human rights. It makes that freedom, equality, dignity and rational of human becomes the valuable pursuit of Western rule of law thinking.In ancient of China, in lack of the value system of law is still not out of the legal instrumentalism, the basic thinking of the rule of law is a false proposition. But Chinese ancient works for the construction of the rule of law thinking still has the power of reference significance. For example:the doctrine of the mean, do not do to others what you would not have them to do, conscience and so on.It has made great progress of the construction of the thinking of the rule of law, but it is still not complete in the traditional administrative management domain. It is still tend to "paternalistic" management thinking. We cannot find the rule of law thinking and its value in this management system of thought.In view of the current administrative management thought is not perfect and the thinking of the rule of law has not been formed, the construction of the rule of law thinking and Implementation can be promote by administrative management especially by the basic principles of administrative law under the background of rule of law.For the construction of the administrative rule of law thinking, In order to construct a suitable for the rule of law in our country the requirements of legal thinking, we need to be based on the Constitution and administrative law and fully absorb the pursuit of value of the western rule of law thinking and the excellent tradition of Chinese traditional thinking. It is to be promoted the innovation of administrative management mode and the rule of law under the background of the innovation of administrative management to the dissemination of soft law thinking. We need the principle of legal guidance and guarantee the rule of law the value of thinking. We should establish the right thinking of the administrative management by the construction of system of rights remedy of our administrative management in the construction of the rule of law thinking.