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Game Of The Executive And The Legislature

Posted on:2008-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:K T XieFull Text:PDF
GTID:2206360215973000Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Along with the differentiation of social benefit relations, contradiction and the conflict increases between the divergent interest body. In order to comply with this kind of changes as well as the request of harmonious society's construction, need to establish one kind administration legislation mechanism to tolerate the benefit expression and the benefit balance. The game theory has provided the powerful tool for this. Using the game theory analysis administration legislation, in theoretically, may entrust with the administration legislation one kind of experience rationale, and deepens our understanding. In the practice, is advantageous democratically to the fair, scientific, democracy administrative rules and regulations. The text divides into six major parts:First, problem and method. Through the analysis of two hard problems: the administrative legislation right and the validity, initially demonstrate unique superiority, the validity and the serviceability in the analysis of administrative legislation in the game theory. The game theory studies the body's behavior directly mutually affects when the decision-making as well as the policy-making balanced question, it supposes in advance by the rational artificial elementary theory, may divide into cooperation game theory and the non-cooperation game theory. The value lays in benefit balance, fair, the acceptability in the analysis of administrative legislation in game theory. The conjunction spot is the relation between the person and the person connected the game theory and the administrative legislation.Second, the theory frame of the analysis of administrative legislation in game theory. In this part, makes the general description to occurrence mechanism of the administrative legislation game. The sign refers to the benefit relations condition, and may carry on combs from the benefit relations' body, the domain, the type, the nature. The players include the administrative organ, the public, and the inspector and so on. Government has the dual role. Administrative legislation game only can happen in the social structure, the constitutional government frame and in the legal system. The difference of benefit standpoint is the basic agent caused gambling. Administrative legislation game may be divided into administrative game, the administrative - public game, the public game, legislation surveillance game and so on. Looked from the overall, administrative legislation game may be consider as playing games in in-complete common interest community, the base of cooperation is the goal's uniformity between the benefit body, the basic reason of facilitates the realization of cooperation comes the income by cooperation.Third, the pattern of traditional administration legislation and the prisoner's dilemma. In the traditional pattern of administration legislation exist human nature hypothesis break, the value invert, the system flaw, the low technical content and so on. Although the traditional administrative legislation also has game, but often falls into the prisoner's dilemma aspect, the outlet lies in the administrative organ and the social jointly try their effort.Fourth, the information of the analysis of administrative legislation in game theory. The information is important, the holds of the specific information possibly meant to obtain the specific benefit. In administrative legislation game, the useful information includes fact information, system information, and the match's information and so on. In the administrative legislation process has the serious incomplete information, including between the administrative organ and the public, the strong community and the small community. To solve the question, means to entrust with the duty which the administrative organ information disclosed.Fifth, the mechanism's choice of promoting cooperation. In view of the realistic administrative legislation practice, analyzes the factor of affecting the player's cooperates under the present administrative legislation pattern, from the consultative mechanism, effectiveness shift mechanism, the inspector general mechanism, the prestige mechanism to promote theme chains which the administrative legislation process cooperation forms to carry on the elaboration.Sixth, the result of equilibrium and the cooperation degree of satisfaction are outcome of administrative legislation game which does not have the determinism, while the nature also is with difficulty determined. Introduction of cooperation is degree of satisfaction concept which weights administration legislation. Gambling transports is the effect and the cooperation stable degree. As a result of satisfaction for height difference, it causes gambling to delay to field territory in and so on the revision, as well as relief.
Keywords/Search Tags:Legislature
PDF Full Text Request
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