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Soft law governance and social management innovation in the deliberative democracy from the perspective of the critical

Author: GuoGuiBin
Tutor: YanHaiLiang
School: Nanjing Normal University
Course: Constitutional and Administrative Law
Keywords: soft law governance social management innovationDemocracy the Deliberative Democracy
CLC: D922.1
Type: Master's thesis
Year: 2013
Downloads: 4
Quote: 0
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Abstract


Along with the original pattern of social management can’t keep up with complex, diverse and fast development of the social development situation, and can’t satisfy people’s demand for governance, and can’t be coordinate with the emerging governance revolution around world, we strongly advocated social management innovation and puts forward some specific strategies. That essence is to satisfy the public participation in the democratic demand for social governance. On this basis, in the context of governance, soft law appeared in the practice of social management innovation. This is not only the requirements of the new situation of the development of social management, the changes of social management concept and social management mode. But also the requirement of improving China’s social management system and the requirement of the citizens effectively realize their right to participate in the management. After soft law was introduced into the social management innovation, it will expand in the field of social management. Both will be unified in the social management practices aimed at achieving better governance.At the same time, we have seen that the current soft law to stay at the theoretical level. In the process of the soft law towards the practice of social management innovation, normative does not form as it described. Therefore, the soft law governance in our country is struggling. There are a lot of defects in the soft law governance. For example, the conflicts between the soft law and the hard law, loss of the independence of soft law, the effectiveness of soft law is inadequate to achieve, poverty of public participation. These defects eventually lead to soft law governance can not play its own function. Analysis of the reasons, not only the specific reasons, such as soft law is inadequate in the form rational, the normative system disorders of soft law, development of civil society backward, but also the fundamental reason that soft law governance is lacked of democracy. If you want to unlock this dilemma, The Deliberative Democracy, which is based on a rational dialogue and debate for the content, may be able to provide an ideal choice and institutional arrangement. On the one hand, the Deliberative Democracy as a means to enhance the soft law norms of rational level; On the other hand in order to deliberative democracy to improve the effectiveness of soft law governance.

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