On the "Service-oriented government" in the Administration Law

[Abstract]: As "unswervingly develop socialist democratic politics," an important pArt of the pArty's congress proposed the "speed up the administrative system and build a service-oriented government," an important proposition. "Service-oriented government" can have many different perspectives and dimensions. From the perspective of administrative Law, "service-oriented government", there are also many different levels and stages, the basic connotation and extension also appears in many different and should not be generalized. in the Administrative Law " service-oriented government "and the illegal concept, but a value-oriented philosophy. It is not only guidance to narrow the" service "functions such as payment for its government, but also guidance to punishment, coercion of government regulation of its functions. It asked the Government to adhere to the basic strategy of rule of Law, "the powers and responsibilities with responsibilities, decision sciences, and ensures smooth enforcement and effective oversight" for the people to provide efficient and quality services, protection of national and public interests, respect and protect the legitimate interests of citizens. promote Government's construction of the rule of Law, is "building a service-oriented government," the best embodiment of the concept.

[Keywords]: service-oriented government administrative functions of public interest Law the legitimate government interest in the Government

Introduction

"Service-oriented government" as a study object, it can be said already do not have the usually required and the novelty of the topic selection. Because the scholars in China, "service-oriented government," almost all the humanities and social sciences disciplines hot topics . in the online journal of "service-oriented government" as the keyword search, the time limit for the August 31, 2007 to August 31, 2008, this year there are 445 papers, the time span for the reform and opening-relax 30 years, there were nearly 2,000 papers. from academic Research "relay race" perspective, I should at least read through the literature of these, but I even downloaded them all can not do. I just have a choice download 103 of them, read some of them found that the topic is too broad commonality, and a lot of text talking about the building of "service-oriented government", even though different perspective, but its content it has a very high consistency. So, I found the novelty of writing this paper - from the perspective of administrative law to clarify the "service-oriented government," the related issues.

What is a "service-oriented government"? Around this problem, I read a lot about the so-called "service-oriented government's basic meaning," the elaborate, it seems that an understanding of a person, which mentioned the consistency of the content on the formation of high contrast. "service-oriented government" has become many people is still keen to talk about the most uncompromising "trendy" one term "service-oriented government" has become a lot of people compete on, keen to elaborate, but only to stay In both "type" the contents of the trailer or reassortment with. I thought for a long time, and concluded that: "trailer with" is necessary, a "relay race" to set up the premise, however, the "service-oriented government," limited to "flat" to understand the various disciplines common type of "dragging use", it is debatable. administrative law has its own "territory", to "service-oriented government" concept as an administrative method (study on the concept of structure, need to sort out the relationship between the relevant law.

Another angle, from what is not "service-oriented government" perspective to think about it, and perhaps help to clear "service-oriented government" in the Administration Law. I used a long time to think about this question, the answer obtained is: Administrative Law all the "government" are (should be service-oriented, in other words, "service-oriented government" not be used as administrative law, "government" the concept of classification factors, and should serve as "government" presupposes the existence of conditions and Guidance values to grasp. I read the literature in the process, sort out a basic conclusion: the many levels of "service-oriented government" in the same "plane" to visit, making a lot of literary theory with a high consistency, the "service-oriented government," its multilevel nature, multi-dimensional and multi-angle, decided critics disagree, the basic consistency difficult to achieve consensus. I believe that the administrative law on the "service-oriented government ", not simply drag with politics, Administration and other disciplines as well as the concept of administrative practice, but should primarily be used as a guiding concept to use.

This Article will examine the "service-oriented government" concept in the theory and practice are presented at two levels unite in shape, and on this basis to discuss its position on administrative law, administrative law to clarify the related perspective.

First, the "service-oriented government" and "shaping" the government (a "service-oriented government" and "new public management theory"
In the United States, Japan and other developed countries, since the late 70s of the 20th century, began to be referred to as deregulation, "deregulation" (ki �� �� �� �� �� such as reinventing government (remodeling of the administrative reform. This series of reform on China to promote "service Government "as the goal of the administrative system had a major impact.

"The new public management theory" will be a series of administrative reform goal summed up as follows: 1. Repositioned the role of government - the Government should focus on "steering" (ie make the decision-making rather than "rowing" (that is to do for the specific service jobs, 2. the business management concepts and methods into the public sector, 3. relax strict administrative regulation, to establish a mission of public organizations, 4. to the public as the government's "customers", the public organizations should adhere to the "customer-oriented" to "customer satisfaction", 5. to strengthen public sector performance evaluation [1].

Although Western countries have not clearly stated, "service-oriented government" (service government concept and the new public management theory are also difficult to overcome the shortcomings of its own, such as market orientation often leads to depArt from the public interest, often resulting in customer service-oriented citizens the loss of value, with its need for special limited conditions, but the theory of perfect or correct grasp the "service-oriented government" concept, an important reference value.

In China, the PArty and government departments clearly stated, "Building service-oriented government," the goal, the theoretical circle around the "service-oriented government" and launched a full range of exploration, reflected in many aspects different from the "new public management theory" color. But can not be denied is that the "service-oriented government" is developed to overcome the drawbacks of the traditional administrative model to address the fiscal crisis, crisis management and crisis of confidence, and promote public Administration reform process, the promotion and pursuit of market-oriented and enterprise management as the core concept of a replica of the new public management philosophy.

(B "service-oriented government" in the theoretical discussion suggested that the 20th century, early 90s, the first use of administrative law scholars in mainland China with the "service-oriented government," similar "service Administration" concept [2]. At the time, "Service Government "has not been widely accepted, people are" service Administration "with the understanding also is not uniform, however," administrative services "to a certain degree of exploration and applications, such as for the discussion of its ethical perspective of public administration such as [ 3], mainly from the administrative value, administrative Ethics and administrative point of view of Chinese philosophy, the administrative reality, attempts to construct a suitable local history and the reality of China's administrative system framework [4]. In fact, we look at the relevant date "service Government "of many, although the focus is different commentators stressed, but most of them from the administrative value, administrative Ethics and administrative point of view of philosophy started.

In 2002, the Chinese Government's goal of reform options, administration scholars clearly stated that "service-oriented government" concept: service-oriented government is "the civil standard, social standard concept under the guidance of the democratic order in the whole framework of society, through statutory procedures set up in accordance with the will of citizens that the principle of serving the citizens and assume responsibility for the services of government "��. later, around the" service-oriented government, "the definition of large numbers. Although each person's interpretation is different, however, emphasis on civic oriented, social-based management philosophy, focus on code of conduct for administrative law, the pursuit of service models to meet the public demand and respond to public opinion, government responsibility, is a lot of "service-oriented government," defining the concept of the value of the more prominent demands. This value of the demand, is considered the progress of the Chinese administration and administrative development of the practice have a landmark [5]. However, this lack of practical support systems and mechanisms, and are too general and vague notion of boundaries defined by people under the their preference to join the many other factors, such as: limited government, the helm of government, harmonious service, crisis management, flat organizations, and reject the bureaucratic system and so on [6], as the "shaping" the Government to increase the number of material.

- Service-oriented government means that the Government has only limited powers of management of social, economic and social management of limited liability, subject to the market through the provision of public services, etc., to achieve the Government on the subject of interactive market management ��.

- Service-oriented government refers to the government from the controller to change the Hennessy and services, and government from the control and management as priorities shift to transfer service to business, management objectives shift from the economic sphere of public services [7] .

- Service-oriented government refers to the government to a new service concept for the support of prominent people-to raise the level of skills and services of government services as the center, build a market-oriented, public service management system of government characterized by [ 8].

- Service-oriented government is to serve the government, which is based in civil society under the guidance of the concept based in the framework of the whole society in the democratic order, located in the service of government's role, and through legal procedures, according to citizens will build up to "serve the people" for the purpose of just law enforcement as a symbol to the public interest as the goal, the objective needs of the public scale, will respect the citizens, and strive to provide the public satisfied with the quality of public goods modern government and public services [9].

... ...

Then, the "service-oriented government" will become a all-encompassing, all-powerful government development tools, some government officials have become a political slogan, showing a misuse of, abuse and political slogans style applied the so-called "service oriented government Deviation "[10]. It was built to demonstrate the constitutional and fit within service-oriented government, or even ignore the" people "and" citizen "between the two concepts, emphasizing that:" According to the 1982 <<Constitution >>, China's most prominent features of constitutional structure is to place the citizens of supremacy. "[11]
(C "service-oriented government" at the practical level of the start at the practical level, although few have to be clear that the academic definition, however, the "service-oriented government" concept is also accompanied by theorists of development and more The rapid development of the practice in the face of the request in the form of innovative mechanisms to expand, and thus promote the academic study of related issues.

As the report of the Seventeenth Party Congress pointed out: "the contemporary world is undergoing extensive and profound changes, and contemporary China is undergoing extensive and profound changes." China is undergoing extensive and profound changes, including the goal of building service-oriented government series of administrative management system reform, based on 30 years of reform and opening up of economic, social, cultural and even political context of the reform and development, and also the party and the government on the scientific concept of development to achieve the policy concept of the path and means to choose. At the same time , "Building service-oriented government," the proposed, but also in many other countries and regions, consistent with the trend of government reform and affect each other's results.

"The essential characteristic of service-oriented government is to provide a good citizen for the community regarded as the most important service purposes and principles." [12] of economic globalization and China's accession to the World Trade Organization (WTO, for people to understand the world and think of the role of government provides an important opportunity to locate the emergence of markets such as government regulation of negative principle of Marxism, even over a very immature market development in China and other realities, and argue that the role of government should be a major market and social development of rules and order service's point of view, also contributed to the practical level of government functions for reflection. Western countries the introduction of new public management and the introduction of the concept of bringing the service to gradually clear from the vague, from the chaos to clear the "service-oriented government," the put forward the concept of providing a range of theoretical and practical basis [13]. Government should continue to increase economic regulation and market supervision functions, but also pay more attention to government's social management and public service functions. To this end, the Government need to change the fundamental values, Zhengfu all the functions necessary reasonable position, the Government needs management reform and innovation, then, "service-oriented government," the concept has been established in the government level.

February 21, 2004, Premier Wen Jiabao at the Central Party School, the principal leaders of provincial and ministerial level cadres "establish and implement the scientific concept of development" theme of class graduation ceremony, to <"Raising awareness, unity of thinking, to firmly establish and implement the scientific development View>> address the topic, the first time in China to build "service-oriented government," the goal [14]. In the same year on March 8, participate in the NPC session, Premier Wen Jiabao has stressed: "We want government-run into a service government for the market players, to serve the community, and ultimately serve the people. "5 March 2005, Premier Wen Jiabao at the Third Session of the Tenth National People's Congress made the <" Are Government Work Report> > in part to discuss with a complete building service-oriented government to require innovative government management, apartment management in services, and better for the grass-roots level, enterprises and public services, integration of administrative resources, reduce administrative costs, improve administrative efficiency and service level, government departments should perform their duties, strengthen coordination and cooperation, and improve public notice, public hearings and other systems, so that the people greater participation in public affairs management, and vigorously promote openness in government affairs and strengthen e-government, enhance government work transparency and improve the credibility of the government [15].

October 15, 2007, in the report of the Seventeenth Party Congress, Hu Jintao, general secretary further emphasized the need to "speed up the administrative system and build a service-oriented government." However, under the overview of the content and not on the "service government "definition, as a" socialist democracy "one of the important components of" building a service-oriented government "mainly reflected the general concept of administrative reform and vision described.

The top leadership of the party and the state government as of the service objectives of the administrative system and confirmed to be highlighted again, showing the direction and vision of the future government development for the practical aspects of building service-oriented government policy provides an important basis for pointing out the endeavors. However, where the content is highly elaborated generality and abstraction, especially from the administrative law (science point of view, the "building service-oriented government," the goal is the slogan of political agenda, it is difficult Zuowei law concepts to grasp, at best, can be understood as the efforts of all levels of government obligations, and to truly implement the relevant content, you need to be perfect the relevant systems and mechanisms for supporting, categorized, sub-level, phased, step by step be advanced. In other words, for grass-roots practice sector, what kind of government is the service-oriented government, and how to build a service-oriented government, etc., are still subject to be explored.

(D "service-oriented government" and "shaping" the Government's many forms in China, "shaping" the government's various concepts, such as all-round control type of government, economic development-oriented government, responsible government, rule of law, government, learning government , performance-oriented government, the People First-oriented government, public management-oriented government, etc., and service-oriented government, together constitute the various stages of development or in certain areas �����羰�� [16]. But to the generalization of the "shaping "concept as a concept of administrative law framework, you need to sort out and choose a solid judge. as the" service administration "only for understanding the positioning and role of administrative law guiding philosophy [17], but not as strictly administrative law the same concept to grasp, "service-oriented government" concept is only appropriate for Zuowei the value of the pursuit of government functions and positioning goals and guiding philosophy, not Law as the (study on the correlation between the basic structure of the concept. This is because, from the theory who outlined the various "types" can be seen that the connotation of which fuzzy, overlapping, circular reasoning and other widespread and serious, making all "type" hard as a rigorous academic concepts to locate, from the perspective of administrative law The relationship between the structure of the law, but also there are many difficulties.

Second, grasp the "service-oriented government" administrative law perspective (a "service-oriented government," the concept of property law, whether theorists or practitioners, one of the "service-oriented government" and the understanding, still in the divergent views of the stage. It is true the modern state there are many problems depends on interdisciplinary Research, many theories of co-operation that requires a multi-disciplinary, but the level from law to architecture "service-oriented government" concept, they are required to respect the reality of the concept is not precise enough , the "service-oriented government" sort of concept and level of division, in a relatively stable and clear benchmarks on the basis of classification, a clear period in the various scenes and right (power obligations (duty structure.

"Service-oriented government," the concept of this concept is not law, to say the least, in the Administrative Law, at this stage is difficult to construct so-called "service-oriented government" contained in the content, recognition of the subjectivity of citizens the right to request the system . For example, for the lack of government services, the Government has not timely respond to the needs of the population, inadequate disclosure of government information and the lack of public participation in government and effective channels for the Chinese government system the absence of some important, although the academic and political circles has become discussion of "service-oriented government," the starting point, however, specific to the administrative law of the right (power obligations (duty level, unless expressly provided in the relevant legal norms, otherwise, still can not be above "service-oriented government," the lack of elements or not the full realization, and wide recognition of citizens the right to apply for administrative reconsideration of specific administrative proceedings and the right to sue. In other words, the "service-oriented government" sort of concept and classification of construction from the perspective of administrative law relationship between the corresponding law, establishing the appropriate systems and mechanism, not only all levels of government should be committed to the pursuit of the objectives of the reform and development, but also of administrative law should be an important issue to face.

From the perspective of administrative law, "service-oriented government" to sort out, guiding the establishment of system requirements distinguish the concept of the development of relevant legal norms and policy formation, implementation of legal norms, such as different levels of specific respectively.

(B as the guiding philosophy of "service-oriented government"
Under the principle of popular sovereignty, government, and the existence of all government activities are serving the people. So, as long as people need, no matter what their commitment to the functions of all government should be "service-oriented government," .2003 September, Premier Wen Jiabao's speech at the National School of Administration pointed out: "economic regulation, market supervision, social management and public service of the socialist market economy the four basic functions of government." [18] as a guiding concept "Service-oriented government" is not limited to the Government's commitment to public service requirements also apply to undertake economic regulation, market supervision and social management functions of government.

In the modern state, the Chief Executive and the benefits can be divided into two forms of administrative regulation ��. Regulatory authorities such as the Chief Executive is the administrative body in order to achieve the maintenance of social order and realizing the purpose of public well-being, while the private right of freedom restrictions activities. benefits administration refers to administrative organs and other administrative body to ensure that private development in the life and career possibilities, while the private sector to provide spiritual or material to facilitate the activities and interests [19]. whether administrative regulations, or pay administration, are all involved in national life, and to exert influence for the purpose. However, the former rights-based, which is backed by economic power, and in this point, there are significant differences between the two . Based on this difference, in the administrative law on the formation of a different legal reservation of [20]. benefits administration and Administratine, this is the nature of each corresponding to different concepts. However, in the benefits administration can not be separated Administratine Wang Wang, In some areas, some stages even need to strengthen the relevant regulations, such as social insurance, mandatory membership, the use of force and so on. In fact, not only limited to this, it can be said that all payments are to regulate the Chief Executive as the support. short , benefits administration regulation strengthening, is the realization of national rights of the important ways and means, therefore, should not be because the implementation of the relevant regulations be denied benefits administration, more should not therefore be placed in the so-called "service-oriented government" outside the scope.

"All Power to the People's Republic of China ."(<< Constitution>> the first paragraph of Article II," all state organs and functionaries must rely on the support of the people, keep in close contact with people, listen to their opinions and suggestions , accept their supervision and work hard to serve the people ."(<< Constitution>> second paragraph of Article twenty-seventh the purpose of serving the people wholeheartedly adhere to serving the people as a sacred duty of governments at all levels and all the basic norms of civil servants as the basic requirements of the people's government, as a government of all the starting point and end point, which is an inherent requirement of the principle of popular sovereignty, is "service-oriented government," the value of the home. At this level, and whether the Government is directly responsible for the narrow sense " service "functions of the independent, government exists, the operation must be based on people's fundamental interests as the starting point, from a more broadly for the people's interests. In other words, whether the implementation of regulations, penalties, or the implementation of the guidance, benefits, should be consistent people's fundamental interests, provided that they meet the fundamental interests of the people, no matter what they assume the functions of a specific property, the government is "service-oriented government."
Here the "service" object is the people, the pursuit of national interests, public interests, of course, including private legal rights. It should be noted that the "people" and "citizens" are two concepts at different levels, "Service the people "and" service in Meige citizen "between to draw an equal sign, also needed a series of systems and mechanisms for the construction. Yinju Ti's private by regulation or punishment, which �� the government's" service-oriented government "of the property This logical structure is not established. So, here there is how to determine the people's fundamental interests, national interests or public interests, including how to measure the existence of legal rights and interests of stakeholders, including the choice dilemma. These problems are more political in nature shows are often not suitable for specifications from the administrative level, the specific adjustment. In other words, "service-oriented government," the construction of the administrative law (the guiding philosophy of science, is economic regulation, market supervision, social management and public services of these four basic functions of government to optimize the configuration and system support for the guiding philosophy, but also shall implement the administrative organization, administrative action, administrative procedures and administrative relief, the administrative process has always been the guiding philosophy.

"Service-oriented government," as the guidance of administrative law and administrative law concept, in which the "service" a very broad meaning, through the many many levels and areas to reflect the principles and norms, therefore, use the "service administration" instead of "executive pay "The idea is not desirable. does not distinguish between the level of" service administration "concept of abuse of the administrative system of science building is harmful, is not conducive to the further development of administrative law.

Links to Research Papers Download http://www.hi138.com (three methods Policy level "service-oriented government"
According to the relevant party's congress exposition building service-oriented government is to speed up administrative reform of the objectives and vision, so the administrative reform in China and the government building, it means that the relevant legal norms of the development and refinement, which means a series of complementary mechanisms of formation and complete. From the perspective of administrative law norms and policies for the development of the formation of a study, study for "service-oriented government" requirement of the Law Policy, is also of great significance.

Policy level in France, "service-oriented government" in the "service" is still the broadest sense of the concept.

Report of the Seventeenth Party Congress Zengguan can be said that permeated every part of their "service" concept, but one eighth part of the "speed up the focus on improving people's livelihood should promote the social construction of" embodied in the "service" of the strong. " must be the basis of economic development, more emphasis on social construction, to ensure and improve people's livelihood, advance social restructuring, expand public services, improve social management and promote social equity and justice, in which all people to education, a sense of income, medical services and a sense of security, and housing, and promote a harmonious society. "Although this part is not included in the" building service-oriented government ", it however, it is" building service-oriented government, "the specific vision of, is "building a service-oriented government," the goal frame.

In contrast, "building a service-oriented government" part of the content, mainly on the administrative system and institutional arrangements for planning and design, but less on the direct provision of public services, explained. In this sense, where "service" is somewhat limited. However, here called "building a service-oriented government" is still used in the broad sense of "service" concept, that is, through the administrative system and to enable the Government to better take on the functions of the sense of serving the people The "service" concept. In other words, the administrative system of the goal is to "build a service-oriented government" and "building service-oriented government" goals, through a series of specific support systems and mechanisms, in the construction of the relevant institutions and mechanisms legislation and policy formation, we should fully embody the "service" concept.

This section describes the various administrative and management system, the construction of legal system for the administration proposed a series of efforts to target, but also for the Administrative Law made a number of important issues. Whether the overall program to develop the administrative system, or sound the government responsibility system, and even the establishment of government and enterprises, government financing, government affairs, government and the market boundaries of intermediary organizations, both vertical management departments and local government relations, or the promotion of greater departments, as well as coordinating body and its various offices of procedure rationalization of configurations, each of the elements are closely related and administrative law, administrative law requires the support of Research. As for party committees, governments and the NPC, CPPCC organizations and institutions set up the reform issues and so on, Administrative Law should be concerned about the same . administrative law thinking as well as administrative law and administrative law scholars involved in Research, is a series of administrative reform to promote orderly and healthy development and an important guarantee. Otherwise, like most of the system and promoting the process in clear violation of <<State Organization Act "> The Deputy Minister of supernumerary like to set the phenomenon will be inevitable.

However, the need to repeatedly confirmed and emphasized that the foregoing as the realization of "building service-oriented government" target specific support or prerequisite to grasp, from the law school level, the policy mechanisms of various systems or to conduct Research on both the administrative law The concept of a corresponding classification categories and areas, should be based on scientific requirements of the administrative law system in their respective parts of the corresponding category, to locate and expand in-depth research, and should not be used as the content can not be generalized "Service-oriented government," the content, to establish an independent administrative law on the scope or area. Otherwise, it will seriously undermine the scientific construction of the administrative law system.

(D law norms in the implementation of the "service-oriented government"
The terms of administrative law or administrative law, "service-oriented government," meaning mainly reflected in the guidance of the conceptual level. As mentioned earlier, in the school system, law and politics, the concept of existing areas and areas associated with the "service-oriented government," covered the contents of the corresponding without should not be abused "service-oriented government" concept category. especially the implementation level specifications in law. For undertake specific tasks of government activities of civil servants and other staff, they take on the role of specific and specific and if we continue to determine its administration according to law and fully implement the principles in accordance with the relevant regulations to fulfill its statutory duties, dedication, Kejin duties, is the best embodiment of serving the people should not be absolutely should not be specially introduced " service-oriented government "concept, as a basis for specification of their duties.

Of course, "service-oriented government" requested by the community-based, citizen-based, that the civil service for the purpose of the class the concept of government activities should be borne by the civil servants are well aware, understand and grasp the administration should be specific be reflected in the activities and implementation. However, this is the level of civil service Ethics, not law regulate the integrity of the level of implementation problems. In other words, "service-oriented government," the implementation level specifications in law should be reflected in the various stages of the work specific treatment, but it is limited to constraints on civil service Ethics, and to make it a binding law, but also need to develop appropriate norms Public Service Ethics Act, even as the civil service rules of conduct to be clearly defined.

For example, the "service-oriented government" urged the Government "under the framework of the democratic order" pursuant to "legal procedures" to act. One of the "framework of the democratic order" by the political decision-making and create a common law norms to complete, and "due process" is completely dependent on clearly defined in the relevant legislation. The Government to whom services, when services, what services, how services, which require stage in policy formation and legislation to be addressed. In the implementation of aspects of legal norms, civil servants and other stakeholders continue to enjoy a certain degree discretion, but the effect of both elements of discretionary or discretionary, or discretionary process, the control of its discretion to determine the principle or the principle of direct, when the principle of the rule of law or administrative principle of administration according to law. As for the "service-oriented government" concept, at best at this level for the civil service and other subjective discretion to determine the occasion of one of the factors, it is difficult to be operationalized as a jus cogens norms to play its role.

In summary, the law norms implementation level, it is important legislation and policy formation by providing clear benchmarks, rules and procedures to construct the appropriate exercise of power order, and should not be "service-oriented government" concept and the specific legal norms implementation activities twisted together. In this sense, advocates in various stages of adherence to the "service-oriented government" concept, only the "service-oriented government," the concept of abuse and will not help "strengthen the building of law enforcement agencies" and promote the improvement of law enforcement standards, it deviated from the "building service-oriented government," the purpose.

Third, the government functions of the science building of the government position and the rule of law (a "service-oriented government" concept of the rule of law and government-dependent "economic regulation, market supervision, social management and public services, under the conditions of the socialist market economy, the Government's four basic functions. "The four basic functions, is the modern state should undertake a minimum of government functions is not allowed to be overemphasized at the expense of the government functions, and therefore all require the construction and the full realization of scientific functions. From the perspective of administrative law , only the four basic functions for this structure corresponding to the systems and mechanisms, thereby establishing a sound path of the functions Pursuits and means to comprehensively promote administration according to law, is on the government "service" the best idea of interpretation and expression. In short, the concept of levels of so-called "service-oriented government" can only play a role in guiding the conceptual level, and its final implementation, you must rely on the rule of law and good government.

(B scientific orientation of government functions and the "shaping" People used to compare the concept of "shaping" the concept of government there are many, many of the connotation of the concept of vague, overlapping, circular reasoning, the concept of need in the rigor and independence, etc. effort. past the face of "service-oriented government," the study shows that its "all-encompassing, all-powerful," the breadth of its decision was "alienation" of necessity. By contrast, the "legal government" concept Although the breadth of equally high, but, because of its specific content and goals of certainty, determine its in the "shaping" the Government is better than "service-oriented government" concept.

If a narrow understanding of "service-oriented government" is limited to the functions of public services, its location on the functions of the government there is a serious deficiency, is not comprehensive, of course, speak of scientific positions. If from the broad understanding of "Service-oriented government" to extend it to economic regulation, market supervision, social management and public services of these four basic functions, and even extended to all government activities, there is a serious lack of the concept statement, not to mention its concept theorists consistent definition has not yet reached, vary, and practitioners and no uniform definition of the requirement, and thus, can not support this understanding of the obvious.

In contrast, on the "rule of law and government", in 2004 the State Council <<comprehensively promoting administration according to law to implement the Platform>> has been on its guiding principles and goals, and specific systems, mechanisms and methods of making such a comprehensive and systematic way of provisions, 2008 < <State Council on Strengthening the Administration's decision according to city and county>> and the relevant provisions of the confirmed and concrete refinement, and, over the years, administrative law scholars on the rule of law and administration, legal administration of the many research results, but also provide important theoretical support, making the rule of law and government practice and theory of moving from two dimensions into the scientific system construction and improvement phases. can be said that, according to where the proposed "comprehensive goal of promoting administration according to law", adhere to the basic principles of administrative law and basic requirements, is committed to the legal administration, and reasonable administrative, procedural due process, highly efficient, convenient, honest and trustworthy, competent construction of a unified government by law, the concept of government services is the manifestation of the principle of popular sovereignty is the inherent requirement, it covers the so-called " service-oriented government "all the required content.

Conclusion "service-oriented government" is not a new concept. However, to in-depth, systematic, and accurate grasp of the concept, and gives a precise definition, but there are many difficulties. Because here there are many dimensions and perspectives, even if The limited within the Perspective of Administrative Law, too, should not be generalized. It requires payment of the administration, regulation of power and personal liberty, protection of the rights and pursue the public interest to start the relationship between the comprehensive and in-depth study [21]. So, from the relevant level and angle of the "service-oriented government," a comprehensive and in-depth answers, not just the paper that can be done. This article is limited to administrative law on the correct understanding of the "service government "to provide relevant dimensions and perspectives, as its in-depth research and comprehensive start, only as the subject of the future.

Notes:
�� Liu Xirui book <<"service-oriented government" - the context of economic globalization, the Chinese government's goal of reform options> ", in <" China Chief MANAGEMENT "" 2002 No. 7, p. 5. The concept is quite wide, including almost a modern government with all the necessary features and elements, it is precisely because of this reason, such as defined in the government officials and scholars recognized. See Zhangchuanbinzhe <<"service government" building a prerequisite condition RESEARCH " ", in <" Public MANAGEMENT ">, 2008, No. 1, p. 14.

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