Build a public service -oriented administrative law system
December 26, 2023 11:19 Source: "China Social Sciences" December 26, 2023 Author: Chen Tianhao

my country's administrative law system has always been implemented with management、Maintenance order is the main goal,Lack of legal guarantee for how to strengthen and optimize the supply of public services。Enter the new era,The main contradictions in our society have transformed into a contradiction between the people's growing good life needs and unbalanced and inadequate development,my country's administrative law also needs to keep pace with the times,Build a public service -oriented administrative law system。

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"Socialist system is the fundamental system of the People's Republic of China",This determines that the social rights clauses in the Constitution of my country should have a richer normative connotation,reflected in the following three levels。

First,The state bears a wide range of welfare guarantee liability。"Constitution" Article 19-26 clearly clarifies that the state is education、Technology、Medical、Health、Sports、Culture and talent training Affaicle active guarantee obligations,Article 42-50 stipulates that citizens can enjoy labor remuneration、Rest、Retirement、Social Security、Education、Social rights engaged in cultural activities and other aspects。To say,The socialist nature of my country's "Constitution",determines that the state should bear a wider welfare guarantee liability。

Second,Citizens have the right to implement democratic management of social labor and production materials。Article 2 of the Constitution in my country establishes the principle of all power belonging to the people,"People in accordance with the law,Through various channels and forms,Manage national affairs,Management of economy and cultural undertakings,Manage social Bet365 lotto review affairs "。Article 42 of the Constitution further clarified: "Labor is the glorious responsibility of all citizens with labor capabilities。Workers of state -owned enterprises and collective economic organizations of urban and rural areas should treat their labor with the attitude of the country。”

third,The guarantee of the social rights of civic support supports the legitimacy of the country's construction。my country's "Constitution" preface: "Socialist transformation of private ownership of production materials has been completed,The system of human exploitation has been eliminated,The socialist system has been established。"Article 6 of the Constitution,"Socialist public ownership to eliminate people's exploitation system"。In the primary stage of socialism,The basic system of establishing a socialist market economy,A designed to liberate and develop productive forces,Give full play to the superiority of the socialist system,Destroy exploitation、Eliminate the polarization,Finally achieve common prosperity。

Public service -oriented administrative law uses the "Constitution" social rights as a foundation,How to comprehensively use various means,Mobilize the strength of the market and society in all aspects,Improve the public's orderly participation of public service operation management,The scope and quality of continuously improving the supply of public services,Strengthen the legitimacy support of our country as a socialist country。

  Enrich the connotation with party and national policies

Law is a norm of political will。It is necessary to transform the policy requirements of the party and the country to optimize the public services into the norms of the standard legislation of public services,Must adhere to the following three principles。

First,Supply optimization and development level compatible。The report bet365 best casino games of the 18th National Congress of the Communist Party of China requires government functions to shift to "Provide high -quality public services",Establish "Sustainable Basic Public Service System"。The so -called "basic public service",In the State Council's "Thirteenth Five -Year Plan for Promoting Basic Public Services" is defined as: "、Basically need to ensure the survival and development of all citizens、Public services that are compatible with the level of economic and social development "。The report of the 19th National Congress of the Communist Party of China is further proposed,"Guarantee and improve people's livelihood to seize the people's most concerned and most realistic interests,Try to do it,Do it for a while "。

Second,Supply inclusiveness and supply upgrades coordinated。Basic public services are equal to the target,Requires "Young Numed、Learn to teach、Doctors of disease、Doctors of disease、Old raising、Living for a living、Weak support ",and "pay attention to inclusiveness、Basic、Fundamental people's livelihood construction,Guarantee the basic life of the masses "。At the same time,The government should also promote the development of non -basic public services。"Fourteen Five -Year Public Service Plan" on the basis of continuous advancement of equalization development goals,It will be covered for the first time、The content of the service is richer、Non -basic public services with higher demand levels are also included in planning,The aim is to "better meet the new needs of the masses of the people for a better life"。So,The principle of coordination of supply inclusiveness and supply upgrade should be adhered to,While ensuring the fairness of basic public services,It should also actively "expand public services to upgrade and upgrade space"。

third,The combination of technical empowerment and crossing the gap。Digital Bet365 app download government construction requirements "Promote the integration of digital technology and traditional public services",Precise matching and efficient supply of public services with new technologies。But,Wide application of digital technology may endanger the fairness of public services、can be available。The government uses digital technology to optimize public services,Should be faced with urban and rural areas that the digital technology may bring、Gender、Age and other gaps,Combining technical empowerment with the gap,Ensure that public services are fair to "rich people" and "digital poor people"。

Public service -oriented administrative law under the guidance of party and national policies,The relationship between "making big cakes" and "dividing cakes" for administrative organs in the new era、Use digital technology to empower public services to provide academic support and specification guidance,So as to use the rule of law and solidify、Stable expectations、Long -term features,Continuous validity to ensure the supply of public services。

  Taking the administrative agreement system as a standard tool

Administrative agreement is the government's to fulfill public duties and business entities、Contracts concluded on the equal negotiation of social subjects。improving the administrative agreement system helps integrate the government、Power of all parties in society and market,Realize the co -construction of public services、Co -governance、Share。

First,Inspired by all parties to actively participate,Co -construction of public services。On the one hand,According to the "Government Procurement Law" and "Bidding and Bidding Law",When the government concluded a public service -related administrative agreement,It should follow the open transparency、Principles for Mandatory Competition,Provide positive incentives for subjects of all parties。On the other hand,For bet365 best casino games the business subject,Participate in public service operation、Investment infrastructure construction,will lead to a large amount of asset precipitation、Reduce funding efficiency,There are also negative incentives。So,On the basis of adhering to and improving the contractual competition mechanism,It should also be surrounded by the target of the administrative agreement,Construct the corresponding transaction circulation mechanism。If 2020,The infrastructure field jointly promoted by the Securities Regulatory Commission and the Development and Reform Commission's infrastructure sector Rebel Trust Fund (REITS) reform pilot,Stretching to build a listing and circulation system for public service projects。This reform pilot,Starting assets based on the stock of public service projects,Provides stable positive incentives for the subjects of the joint public services。

Second,Convenient public democratic management,Public service of co -governance。"Measures for the Administration of Frank Management of Infrastructure and Public Utilities" stipulates,Public opinion can be used as an important part of evaluating public services to implement performance。However, among the existing terms,Still lack of specific institutional arrangements to ensure public participation。Long -term nature based on public services、Betterity and other features,The administrative agreement system needs to build a special public participation and hearing mechanism,Democratic management of protecting public services is realized。At the same time,Democratic management will also impact the stability of administrative agreement。The administrative agreement system shall change the scene according to the specific changes of various public services,Improve relevant permissions、Substance and compensation institutional bet365 best casino games arrangements,Provide more stable norms for the stability of the relationship between the demand for the balance of public welfare and the stability of the relationship between the agreement。

third,Government performing supervision duties,Share public service。The continuous and effective supply of public services,It depends on the business entity that bears responsible for supply、Strict performance of social subjects,This requires the government to actively exercise contract rights and fulfill its supervision duties。In this regard,However, in the current regulations,Lack of connection coordination mechanisms between public law and private law。Reform of the administrative agreement system,It should be integrated with various institutional arrangements with the same standards of specifications,For the government to urge business entities、Social subject strict performance provides a clear and uniform norm guidance。At the same time,Public service supply also needs to respond to the individual needs of different people,If the elderly may have obstacles when receiving digital public services,At this time, the government needs to actively perform its duties,Urgent public service providers to solve the above problems,Guarantee public services to share different groups。Reform of the administrative agreement system,The institutionalization of public service cases should be promoted,to ensure the era of rapid economic and social changes,Each citizen can get appropriate welfare care。

In short,Build a public service -oriented administrative law system,It should be based on the terms of the constitutional social rights as anchor point,The foundation of the norms of administrative law; enrich the normative connotation with the requirements of party and state policy,Promote the research and development of special legislation of public services; reform and improve the administrative agreement bet365 Play online games system,To achieve the co -construction of public services、Co -governance、Sharing provides standardized tools。

  (Author is an associate professor at the School of Public Management of Tsinghua University、Deputy Director of Government Legal Research Center of Tsinghua University School of Public Management)

Editor in charge: Zhang Jing
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