Our Public Policies On The Legal Research On Operating Mechanism Of The Influence Of The Process

Public policy is a kind of public action plan,scheme and criterion which government and other social public authority can realize social goal, solve social concern. It affects the law universality in the course of legal operation including legislating, administration of justice and the enforcement of the law. In our country, this kind of influence also demonstrates the characteristic out of the common because of the factors such as the unique political rights structure, the law's status and function, aptitude of people's idea, etc. The characteristics of influence are political nature, high permeability and dynamic role. We must acknowledge and respect this rational influence. Of course, we should not ignore the negative influence that the public policy may produce in legal operation. Some measures should be taken to prevent the public policy from assaulting and weakening the authority of the law, prevent the function of the law from being twisted or replaced by the public policy, and prevent the public policy from becoming a tool which the officers and the government safeguarded their own privilege and vested interest. So, it is very necessary to carry on the rational position to the relation between public policy and law of our country. The public policy should give play to the guidance function in the course of formulation and implementation of the law. We must prevent the public policy which in the course of making and implementing it from contravening the law and procedure. We should guarantee that the will of the party in power could be turned into the will of the country only under situation of passing the procedure. We should make the control mode that relies on the public policy change to the mode of relying on the law. We can realize this goal through democratizing and legalizing the public policy with the scientific process.