Public Policy Analysis of the legitimacy of its shortcomings

Abstract: Public policy is a Political-output system, is a social and public issues of concern to citizens, public interest-oriented, focusing on social equity and justice, with democracy, efficiency and legitimacy as a normative Political output, in order to smooth the implementation of policies, the legitimacy often become the focus of attention, this paper <<CPC Central Committee on rural reform and development decisions on major issues>> for example, On the legitimacy and public policy defects.

Keywords: public policy the legality of the policy of the main procedures for citizen participation in policy content policy

1. The legality of the content of public policy
Legality of public policy can be said that governments around the world issues of common concern, and its crisis of legitimacy has also occurred to varying degrees because of public policy is the country's Political output system, representing the country's Political ideology, is manifestations of Political superstructure, a national policy level is directly related to the legitimacy of state power and the government can continue to maintain their rule and governance can be said that "the legitimacy of public policy rooted in political legitimacy, political legitimacy expression and protection ". ① the legitimacy of public policy more and more attention, become a research focus.

Legitimacy is a central concept in political science, involving the legitimacy of political systems, legitimacy and impartiality, is the form of legitimacy and legality of the unity of substance in public policy is also a form of legitimacy and the legitimacy of substantive legitimacy unity, the so-called form of legitimacy is the public policy of access to information, the main policy, policies, procedures and other legal and policy substance on the legitimacy, Habermas believes that "some kind of legitimacy means recognized value of the political order "②, the citizens of the existing trust in government, support and recognition, the value orientation of public policy, whether the content represents the interests of the majority of citizens, is to achieve an equitable distribution of social values, is to take care of the interests of vulnerable groups, etc., so that public the proper meaning of the policy-oriented public interest is established on the basis of legitimacy in the form of the social value of the distribution of public authority, a political system output below the "CPC Central Committee on rural reform and development decisions on major issues>> as cases (hereinafter referred to as <<decide>> to analyze the legitimacy of public policy issues.

(2) the basis for the legitimacy of public policy and its shortcomings
In a comprehensive analysis of the Chinese Communist Party and the party in the current situation and future tasks conscientiously sum up the reform and opening up three decades of China's rural reform and development process, gain valuable experience while with the current realities, implementation and enforcement of the party's principles, policies, to develop and reform of rural infrastructure, accelerate the building of new socialist countryside, to implement the scientific concept of development, and create socialism with Chinese characteristics, on October 12, 2008 17th Central Committee Communist Party of China the third Plenary Session << decided to>>. "decided to>> include: the new situation to promote the significance of rural reform and development, promote rural reform and development of the guiding ideology, objectives, tasks, important principles, and vigorously promote the reform and innovation, strengthening rural institutions, and actively develop modern agriculture, increase agricultural production capacity and accelerate development of rural utilities, to promote social progress in rural areas, strengthen and improve Party leadership, to promote rural reform and development of a strong political guarantee.

2.1 The legitimacy of public policy-making body and its flaws
Public policy-making body must have the legitimacy, the legitimacy of public policy is the basis for any policy are all human development, contain people's initiative, is a human in order to achieve a certain goal or specification of an act. Although the current There are many public policy, including the main policy making body, in the main subject and Senate, but one of the most important government officials or public authority of the owner, they must be lawful, reasonable and in public policy development qualification. Rousseau in the Social contract theory that the people for the common good, to put their power to delegate to others to exercise that people of power entrusted to the state, the state-based public interest to exercise the right to govern, the people and the State is a principal, agent relationship. Max Weber's view that there are three sources of power, one traditional authority, charismatic authority of the Second, Third, rational authority of law in the now democratic and legal society, the power comes from laws and regulations, through democratic elections, which constitutional requirements of a democratic society. <<decision>> making body is the CPC and the Chinese Communist Party leadership, is China's ruling Communist Party of China, governments at all levels to exercise their rights on behalf of the people, directly or indirectly elected by all levels of government and officials, and officials to accept higher levels of government, the NPC and the general supervision of the people, democracy and the rule of law can be said to meet the requirements of society, is a legal authority.

It is precisely because of the Chinese Communist Party is China's main policy-making body and the core, the country's basic principles, line, policies, laws and regulations are under the leadership of the party, developed by the governments at all levels, all levels of government in policy making authority and the process play a dominant role, other development is the main largely passive acceptance and being in a leadership position, so easy to form a the will, the policy-making decision-making patterns easier to shift to the political elite. Therefore, the policy-making will inevitably be subject to individual will and values ​​of the impact, so the "power elite, especially the main leaders of the easier to personal values, the will and behavior into the decision-making process, so that decision-making process present a more complex situation "③, the policy departure from public policy track, and, for poor supervision of the main policy, the legality of the same cause this same time, policy-making body of the policy-making authority and responsibility exist asymmetry, the party has a public policy formulation and interpretation, the policy-making power of the owner, the policy is increased by the National People's Congress will vote for the country, and thus similar to the responsibility onto the state and the NPC. China in terms of defects in the system, leading to the main body of public policy, in particular the development of the main aspects of the existence of irrational. Deng Xiaoping once said: A good system can make the bad guys do good, but a bad system can make good people do bad things the same. Similarly, the system's imperfections can be such a problem.

2.2 legality of the content of public policy and its shortcomings
Public policy recognized by the public or citizens must obtain legal content, the content of its provisions should be standing in the position of the people, the public interest-oriented, to be fair, impartial, effective and equitable distribution of social value, solve public problems, rather than from certain people or interest groups interests and damage the interests of the masses from <<decide>> the contents, mainly from the general interests of farmer groups, urban and rural development and narrow the urban-rural gap, raising rural incomes and improve the rural landscape and the living standards of farmers, to protect farmers' interests, building a new socialist countryside, which is consistent with the current modernization of our country and the masses need, China is a large agricultural country, rather than power, agriculture, rural areas and farmers is a national foundation for the development of various undertakings, if rural development is not good, the business will be affected. And the Chinese Communist Party is the vanguard of the working class and peasant class organizations, farmers and accounted for 80% of the population can be said for the country's farmers have made outstanding contributions to the development, sometimes at the expense of the interests of farmers to urban development. countries in the modernization of today, in order to coordinate the interests of all parties to narrow the gap between urban and rural areas, narrowing the gap between rich and poor, developed <<decide>> from the overall situation and the overall look, in line with long-term interests of national development, in line with the fundamental interests of the masses .

<<Decide>> mainly from the country's overall interests and the interests of farmers and rural areas, in line with long-term national interests, but stressed that farmers and rural interests, must ignore 20% of the cities and urban residents. From a historical point of view, although urban development is largely dependent on rural areas, sometimes at the expense of rural interests, and now the interests of the country from rural areas, rural areas in the State will increase the proportion of inputs, then the proportion of the city will be relatively narrow, for the interests of this part of the city should be worth considering how to protect from the emotional and moral sense, now part of the expense of urban interests is understandable and acceptable, but, speaking from a legal and democratic institutions are open to question <<decide>> before the introduction, is to obtain the consent of the majority of the city is also doubtful.

2.3 The legitimacy of public policy development process and its flaws
Any public policy, its procedures must be normative, constraining, and democratic legitimacy from the policy of access to information filtering, policy agenda setting, policy discussions, policy decisions, policy implementation and policy feedback and supervision to meet the scientific and democratic, to the exclusion of certain interest groups or individuals from their own standpoint, the development of procedural norms in their favor. "for narrow purposes of the exercise of personal power does not have legitimacy in fact, once the political function of personal, political functions that only self-serving, right to rule will be questioned ". ④ that power is not legitimate, making the policies and procedures are illegal, which led to the policy itself is not illegal. program is designed to have enough space to listen to the voice of the masses, the program should not be closed, to comply with the law. <<decision>> making is based on the Chinese Communist Party and the socialist modernization of China's reform and opening up the experience of reform in rural development and practices to make, and learned many valuable experiences and information, Deng Xiaoping Theory and the scientific outlook on development as guidance, adherence to the principle, its theoretical foundation is solid and reliable, <<decide>> the development and introduction of the party Central State Department research over a long period of accumulation and produced, including several in the drafting of which went to Inner Mongolia, Heilongjiang, Anhui, Hubei, Sichuan and other provinces of research visits to 12, held a forum to listen to leaders at all levels, experts and scholars and grass-roots people's opinions and suggestions, writing research reports and in-depth fieldwork in rural areas, public consultation to listen to public sentiment, full play to democracy, many consider, finally developed by the.

As can be seen from the above, <<the decision>> making the party and the government paid a lot of effort and hard work, but this is different, and legal procedures, can only say that stage or part of, and not simply a process, where The legal procedures can not be simply interpreted as a comprehensive program, the program can be imperfect, but to include justice: are the public values ​​and interests-oriented, owner of the power of the government and its inhibition, including the government and the public interactive channels.

3. The legitimacy of public policy, citizen participation is a rational choice
3.1 citizen participation in public policy to maximize the visual expression of public interest
Public policy is to address issues of public concern for the public value of the distribution, based on public interest as a starting point and orientation, reflecting the maximization of social and public interests. Citizens in public policy recognition, support and understanding is directly related to policy formulation and execution, affecting the efficiency and rationality, if we can get the support of citizens, not only can improve the legitimacy of the policy, but also to improve the government's political legitimacy, enables the government to better maintain the rule, the policy effectively implementation. "policy implementation in all environments, public attitudes, policy implementation institutions and public attitudes towards government agencies institutional level of integration, the implementation of policies that affect the effectiveness of the main factors." ⑤ so, to promote citizen participation in public policy should be developed in response to concerns, citizens are not only a policy of passive object, but also the policy of the main.

3.2 citizen participation in public policy objective elements of the increasingly sophisticated and well
Overall, the quality in terms of citizens' political, cultural level, or from the country's democratic legal system, the degree of participation channels and technical conditions, citizen participation has become possible, and more and more citizens to participate, express their interests and needs. Cohen also believes that citizens in a democratic society to participate directly or indirectly, can affect all officers. <<decide>> from the collection of information to the final introduction of Links to free download http://www. hi138.com , A coalescence of all the wisdom and crystallization, especially in rural areas through in-depth investigations and studies, communication with the farmers has been the most real and simple materials, but also listen to the relevant scholars, experts, technicians and all levels of government proposals can be said to have citizen participation, and citizenship is a conscious, active participation in which, for the <<decision>> making a valuable first-hand to improve information and experience, to a certain extent, represent the diversity of levels of citizen participation .

3.3 highlights the participation of citizens in public policy as a catalyst for the legitimacy of the trend
Our breadth and depth of citizen participation is worthy of attention and vigorous development. Breadth mainly for the number of citizens to participate in policy-making problems, mainly related to the depth of the level of participation in policy-making level and deep-seated part of that is the extent to play a role and to what extent the role due to the impact of China's traditional political culture, civic participation, enthusiasm and initiative is not high, participation is not obvious, the skills and methods involved in a single, but also in the ways and means are also far from perfect can be said that the initiative and participation of our citizens is relatively low proportion of these negative factors, as a catalyst to stimulate the legitimacy of public policy, therefore, must raise awareness of citizen participation, improve the ability to participate, create and foster a culture conducive to citizen participatory political culture in the system to protect and improve the effectiveness of citizen participation, and to improve the quality of policy and legality.

Above the <<decide>> for example the legitimacy of public policy analysis and its defects, to explore public policy from development to implementation should be included in the legitimacy of the main factors, to promote the legitimacy of policy design focusing on the protection factor from the political science point of view can be seen, at least in the form of a policy of legal or illegal substance, or both. Legitimate form of policy can provide a strong legal or institutional protection, the policy is accepted and recognized by law, if taking into account the real legitimacy, the masses will get the support, understanding and support, this should be policy formulation and implementation in the best state in China's socialist modernization and construction of new socialist countryside today, should give full play to <<decide>> programmatic and guiding role, but also recognition of the defects Obviously, <<decide>> the introduction of democracy and the rule of law and compliance requirements, but implementation of the policy will still be subject to environmental and human factors of environmental uncertainty and volatility have important effects on the impact of policy implementation, human defects in people vulnerable to human relations around and driven by the interests and policies as a rigid constraint, often over time will produce a lag, can not meet the requirements of environmental change, and its legitimacy are more or less flawed So in the implementation process is necessary to the implementation of personnel laws and regulations regulate, in real time for policy changes and additions, good feedback, correction and supervision, and constantly improve the legitimacy of the policy, in order to achieve "decision>> to set goals to build a new socialist countryside.

References:
[1] Habermas book, Wei-Dong Cao translation. Legalization crisis [M]. Shanghai: Shanghai People's Publishing House, 2002.

[2] Tan Haibo, Li Wei Wei. The legitimacy of public policies and Analysis of factors [J]. Executive Forum, 2004 (11) .32.

[3] Rousseau's Social Contract [M]. Beijing: Jiuzhou Publishing House, 2007.

[4] Cf China Economic Net:
http://www.ce.cn/xwzx/gnsz/gdxw/200810
/ 20/t20081020_17119220_1.shtml.

[5] Yue Tianming Political legitimacy of [M]. Beijing: China Social Sciences Publishing House .2006.

[6] Chen Tan Public Policy Principles [M]. Wuhan: Wuhan University Press, 2008.

[7] Cf <<CPC Central Committee on rural reform and development of a number of decisions on major issues>>

Note:
① Chu Dejiang. On the legality of the content of public policy and its implementation [J]. Theory of observation, 2005.6 (56.

② Habermas book, Wei-Dong Cao translation. Legalization crisis [M]. Shanghai: Shanghai People's Publishing House, 2002.

③ Geng country bands in public policy-making body of the complexity of the analysis [J]. Theory of observation, 2007.1 (126.

④ 莱斯利里普森. Political science major problem [M]. Beijing: Huaxia Publishing House, 2001. 57-58.

⑤ Peng peace in public administrative management [M]. Beijing: Chinese people who study Press, 1995.

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