Political legitimacy is the question about how a regime could be stable and lasting. Max Weber, a scholar, defined legitimacy earliest and carried out a systematic study in the history. He divided the legitimate autho...Political legitimacy is the question about how a regime could be stable and lasting. Max Weber, a scholar, defined legitimacy earliest and carried out a systematic study in the history. He divided the legitimate authority into traditional authority, authority of charisma and authority of legal theory. This paper is just based upon authority rules of the three types, and discusses the organization's establishment, operational and managerial characteristics under the three kinds of authority. It is expected to provide references for reform of the administrative system.展开更多
As a new form of authorization with independent legal status, the authorization of experimental administrative reform falls between legislative and administrative authorization. Decisions on authorization of experimen...As a new form of authorization with independent legal status, the authorization of experimental administrative reform falls between legislative and administrative authorization. Decisions on authorization of experimental administrative reform have two aspects, viz., 'the temporary adjustment or temporary suspension of the application of certain provisions of a law' and 'authorizing a given experimenting body to implement this decision.' In essence, the former is the organic combination of two elements: suspending the implementation of a law and formulating a new experimental law;it does not belong under amendment of the law. The latter, on the other hand, is a special legislative authorization similar to administrative franchise. As a method of exercising public power, authorization for experimental administrative reform should follow the procedural requirements laid down in the Decision of the Central Committee of the CPC on Certain Major Issues concerning Comprehensively Advancing the Law-based Governance of China;further, it may not overstep the bounds of the forms of expression or substantive contents determined by the principles of the modern rule of law.展开更多
文摘Political legitimacy is the question about how a regime could be stable and lasting. Max Weber, a scholar, defined legitimacy earliest and carried out a systematic study in the history. He divided the legitimate authority into traditional authority, authority of charisma and authority of legal theory. This paper is just based upon authority rules of the three types, and discusses the organization's establishment, operational and managerial characteristics under the three kinds of authority. It is expected to provide references for reform of the administrative system.
文摘As a new form of authorization with independent legal status, the authorization of experimental administrative reform falls between legislative and administrative authorization. Decisions on authorization of experimental administrative reform have two aspects, viz., 'the temporary adjustment or temporary suspension of the application of certain provisions of a law' and 'authorizing a given experimenting body to implement this decision.' In essence, the former is the organic combination of two elements: suspending the implementation of a law and formulating a new experimental law;it does not belong under amendment of the law. The latter, on the other hand, is a special legislative authorization similar to administrative franchise. As a method of exercising public power, authorization for experimental administrative reform should follow the procedural requirements laid down in the Decision of the Central Committee of the CPC on Certain Major Issues concerning Comprehensively Advancing the Law-based Governance of China;further, it may not overstep the bounds of the forms of expression or substantive contents determined by the principles of the modern rule of law.