略论优化中国社会治理方式的理念要素.docVIP

The Elements of Idea about The Optimization of Governance for Chinese Society Mao Xia * Liu Hui ** In order to promote effective public participation in the process of social governance, we will try to recommend a number of frameworks about some questions which may guide the development of public opinion,. I. Order —Public Interest—Efficiency The concept of order refers to “the stability of relationship, the continuity and certainty of the process at a certain degree existed in the natural and social process.” Efficiency represents the value about the growth goal of socio-economic development at the macro level. Public interests are the common needs of all members in a society about the elements and overall status of social civilization at a certain degree under the material conditions of a society. Public interests can be appraised from two spectacles which include the abstract performance in the sphere of legal theory and the concrete performance in the sphere of legal practice. We think that although in the abstract view both of social order and efficiency are the contents of public interest, the explanation of public interests in the sphere of legal practice must focus on the performance of social order or efficiency. II. Principle —Rule—Common Sense Principles of law is the thought accepted by public as the guidance of law-making and legal implementation. From the views of value, the so-called common sense is “the feeling about justice and equity obtained from common knowledge.” Legal rules means that the universal standards about the specific adjustment of social relation which is determined by legislation of the state. We think that the rules or principles of law are the fundamental basis of legal argumentation which must accept the critical test of common sense. III. Behavior —Liability—Benefit Behavior generally refers to the activity guided by human’s awareness and purpose. The benefit refers to resources related to human’s need. Le