Under the background of China's socialist democracy and legal system construction, starting with the democratic and legal environment for the implementation of the open government affairs system, this paper analyzes the conditions for the effective implementation of the open government affairs, and puts forward ways to improve the democratic and legal system construction in China from two aspects of ideological and legal system construction, so as to provide external environmental protection for the effective implementation of the open government affairs in China.
As a specific means and purpose for citizens, legal persons and other organizations to obtain government information and establish an open and transparent government in the reform of government system, the effective implementation of government affairs cannot be separated from its political environment. Gus, a famous American public administration scholar, believes that to understand a country's public administration (public policy), it is necessary to jump out of the administrative system and examine administrative behavior from the social system, that is, the relationship between a country's administration and its social environment. As the specific means and purpose of establishing an open and transparent government in China's government system reform, the effective implementation of government affairs openness is inseparable from the political environment besides the improvement of the system itself.
First, the openness of government affairs and the construction of socialist democracy and rule of law
The openness of government affairs is a system implemented in the process of administrative reform in China to promote the construction of democratic politics, ensure citizens, legal persons and others to obtain government information according to law, improve the transparency of government work and promote administration according to law. Its basic content is: make the major decisions of government administration and the results obtained public, and take certain ways to let the public participate.
(A) the openness of government affairs is a concrete form of socialist democracy in China.
Modern society is a democratic and free society, and political democratization is the most basic feature and content of modern political civilization. Democratic politics is a kind of participatory politics, citizen participation is the core of democratic politics, and the expansion of citizen political participation is an important symbol of the development of political civilization.
(2) Openness of government affairs is an inevitable requirement for promoting the rule of law in China.
The open system of government affairs is a necessary condition for the government to administer according to law, and it is also an inevitable requirement of the government ruled by law. The 15th National Congress of the Communist Party of China put forward "ruling the country according to law" as a basic national policy, which was written into the Constitution of People's Republic of China (PRC) through the Second Session of the Ninth National People's Congress. China's legal system construction and the construction of a country ruled by law have taken gratifying steps. "Governing the country according to law" means governing state power according to law, and the supervision of state power by the rule of law inevitably requires the openness, standardization and clarity of power exercise. Administration according to law, fundamentally speaking, is to control and restrain administrative power by law. Without the regulation and restriction of administrative power, it is impossible to realize "ruling the country according to law"
(3) The openness of government affairs and the construction of socialist democracy and the rule of law promote and restrict each other.
As mentioned above, the implementation of the open government system has an important role in promoting the construction of socialist democracy and the rule of law in China. This influence is manifested in two aspects: one is promotion, and the other is restriction. A sound legal system can effectively ensure the government's administration according to law and so on, which will undoubtedly promote the effective implementation of the open government system to a great extent.
Second, China implements a democratic and legal environment of open government affairs.
(A) China's achievements in socialist democracy and the rule of law have created conditions for the implementation of open government affairs.
Citizens, legal persons and other organizations obtain information related to their own interests mainly through two ways: first, the government takes the initiative to disclose it; Second, citizens, legal persons and other organizations obtain it through application. Since the reform and opening up, due to the rapid economic development, the people's living standards have been continuously improved, and the basic living problems of the people have been basically solved. The development of China's education has promoted the continuous improvement of Chinese citizens' political and cultural quality, and citizens' understanding of China's socialist democratic society has deepened, which can also protect the rights conferred by the Constitution and various laws from a higher level.
For government workers, civil servants in our country adopt the method of "taking every exam". Through training and practice, the political quality and professional ability of civil servants have been continuously improved, and they have a deep understanding of the transformation of government functions and the goal of government reform, and their service awareness has been continuously improved, which has enhanced the initiative of the government to disclose its government information. The construction of democratic environment in China cannot be separated from the perfection and guarantee of the legal system.
(B) China's openness in government affairs lacks a democratic and legal environment.
In the process of opening government affairs in China, although some achievements have been made in the construction of democracy and rule of law, due to the constraints of history, traditional culture and geographical conditions, there are still some shortcomings in the democratic and rule of law environment for opening government affairs.
1. government workers have a serious idea of "official standard". The openness of government affairs requires the government to actively disclose its government information, and the administrative behavior of the government to disclose its information is bound to be influenced by certain social, political and cultural factors. In China, both Confucius' thought of "people can make it, but not know it" and Laozi's thought of "people are difficult to treat, but also know it" are deeply rooted and have become an important tool for social rulers to maintain their dominant position for thousands of years. Modern openness of government affairs is essentially a rearrangement of the intangible assets of government public information, and the change of such resources will deprive some bureaucrats of their privileges, and those who lose their information privileges will lose huge benefits, which will undoubtedly hinder the improvement of democracy and the rule of law in China and the effective implementation of government affairs openness in the near future.
2. China citizens' awareness and ability to participate is insufficient. Education is the basis of improving citizens' comprehensive quality. With the support of national policies and through their own efforts, China's education has made great progress. However, there are still many areas where the diversity of language and culture leads to the unbalanced development of education. Citizen's participation consciousness and ability are important indicators to measure whether a society can achieve real democracy, and the lack of citizen's participation consciousness and ability in China can be said to be another big obstacle to cultivate an open, democratic and rule-of-law environment in government affairs.
3. Obstacles to the construction of open government affairs system. Since the reform and opening up, the central and local governments have formulated relevant laws, regulations and rules in order to promote the process of socialist democratic politics in China and further promote the open system of government affairs. However, from the practical point of view, there are still some shortcomings in the legal environment of open government affairs, which are manifested on the surface of system implementation. That is, it is not deep enough in the implementation process (continued from 10 page) (continued from 6 pages) and still stays at an extremely superficial level. In many places, the measures are only simple convenience measures, and there is still a big gap with the real requirements of open government affairs.
Third, the countermeasures to improve the open, democratic and legal environment in China.
(A) from the ideological level, and strive to create a democratic environment conducive to the openness of government affairs.
1. Change the ruling idea of government workers and realize the transformation from "parents" to civil servants. With the advent of the era of globalization and the evolution of public theory, the control mode of the whole society is moving from "rule" to "governance" through "management". The need of government reform requires the government to realize the transformation from "official standard" to "people standard", and government officials should realize the transformation from "parents" to civil servants, get out of the misunderstanding of management as soon as possible, truly take the disclosure of government affairs as a responsibility and obligation, take the initiative to disclose what the law stipulates should be disclosed, and inform citizens, legal persons and other organizations of the contents applied for disclosure in accordance with legal procedures.
2. Improve citizens' quality and cultivate citizens' awareness of participation. Only a person with full civic awareness and civic spirit can know his rights more clearly and defend them with confidence. Therefore, to improve democratic politics, we must awaken the civic awareness of the general public and let citizens actively participate in various activities of the government and society. In cultivating citizens' awareness of participation, firstly, the government should increase investment in education to improve the cultural level and comprehensive quality of China citizens. Only when the cultural quality of citizens is improved can they have a certain understanding of political issues, have a certain demand for political information, make government affairs open and truly realize democratic politics.
(2) Improve the legal system construction of government affairs openness in China.
In the process of administrative openness in western countries, a very important experience is institutionalization and legalization. The openness of government affairs conflicts with the interests of government departments and their staff to a great extent in the process of implementation. Therefore, in addition to strengthening the ideological education of government workers and improving their awareness of public servants, it is also guaranteed by law. In accordance with the Regulations of People's Republic of China (PRC) Municipality on the Openness of Government Information and in light of their own conditions, all localities have thoroughly implemented the specific system of government affairs openness, including the mechanism of government openness, the mechanism of government response, the mechanism of public expression and the mechanism of public supervision, so as to implement the system.
Four. conclusion
Democracy and legal environment are the basis for the smooth operation of an open government system. In China, the effective implementation of government affairs openness should not only improve the system itself, but also vigorously cultivate the environment of democracy and rule of law in China, improve the construction of democracy and rule of law, and strive to promote the system of government affairs openness.
refer to
Ding Huang. Essentials of western public administration theory [M]. Renmin University of China Press, 2005.
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[3] Zhang Qin. Service-oriented government [M]. Central Compilation Press, 2005.