Adjustment of Government Behavior from the Perspective of Civil Code

This article was selected for the second session of Jinling Lawyers Forum

 

Abstract: The promulgation of Civil Code is of great significance to the development of society and economy, the change of interest pattern and the implementation of rule of law. However, there are still some tendencies in our government behavior, such as the expansion of power, the maximization of the interests of small groups and the over-coercion. Although the Civil Code may make the government passively adjust its acts so as to realize the basic requirements of the Civil Code by further delineating the boundaries of government power and promoting the improvement of abstract administrative acts and specific administrative acts, the government shall take the promulgation of the Civil Code as an opportunity to actively adjust government acts with correct concepts and paths so as to achieve better effects.

Keywords: Civil Code| Government by Law| Government by Law | Government behavior | Passive adjustment | Active adjustment

 

I. Background and Significance of the Promulgation of Civil Code

The development of law is rooted in material living conditions, which cultivate people's legal needs, and the development of law is deeply influenced by other social phenomena such as politics, morals, law culture, law consciousness, science and technology. The promulgation of Civil Code is also the same.

(I) The development of society and economy in our country urgently needs a systematic and perfect civil law system.

Civil law is the summation of the legal norms of property relations and personal relations in civil activities of equal civil subjects. After thousands of years of human history evolution, civil law has gradually become the basic legal norms of property relations and personal relations in different social forms of the world that adapt to market economy.

Since the founding of New China, China has drafted civil law in the 1950s, 1960s, late 1970s and early 1980s, and the new century, but none of them succeeded. The biggest reason lies in the lack of social conditions of the promulgation of civil law, especially the economic basis suitable to civil law. With the establishment of socialist market economy system, a large number of new civil relations have emerged, which should be regulated by corresponding civil law. Market economy is the economy of rights. Whether it is the exchange of goods or the distribution and consumption of goods, these rights and interests can come into reality only if they are confirmed and guaranteed by laws (such as various property laws, tort laws). Market economy is the contract economy. Contract itself is binding and needs to be confirmed by laws (such as contract law). Market economy is the economy of equal status and free will. In order to ensure equal status and free will, we must rely on the rule of law and give full play to the special functions of law, especially the civil and commercial law. Market economy is an open economy. Our legislation, especially the laws regulating market and foreign trade, must be in line with the laws, rules and customs of international trade.

Therefore, the promulgation of Civil Code is just at the right time.

(II) The change of social interest pattern in our country needs corresponding laws and regulations

Since the reform and opening up, social and economic development has made great progress, and people's living standards have been significantly improved, but there are also many problems that can not be ignored. Due to various reasons such as social transformation, the diversification of distribution system, the widening gap between the rich and the poor is constantly impacting the fragile social fair mechanism. In this context, if it is difficult for individuals to enjoy the equal right to be protected of legal property, then the survival and safety of citizens can not be discussed.

The building of a harmonious society involves all aspects of economic construction, political construction, cultural construction and social construction. One of the most important links is to rationally adjust social interest relations, realize social equity, so that the people can share the fruits of the reform. The basis of rationally adjusting social interest relations is to protect legal property. Only in this way can all positive factors be mobilized in the widest and fullest possible way. Constantly form and strengthen the joint force of building socialism with Chinese characteristics.

Therefore, the formulation of the Civil Code, through institutional arrangements, correctly grasp and properly handle the fundamental interests of the overwhelming majority of the people, correctly reflect the common interests of the masses of all walks of life, and make overall plans for and take into account the special interests of different groups, is of great and far-reaching significance for safeguarding, realizing and developing the fundamental interests of the overwhelming majority of the people.

(III) The promulgation of the Civil Code is an important link in the implementation of our country's strategy of governing the country according to law

The Civil Code is the basic law of the country. It regulates the property and personal relations between equal subjects, and is the basic norm of social life. The Civil Code is a declaration of civil rights and a milestone in the guarantee of human rights. The Civil Code pays particular attention to the protection of the rights of citizens, especially the protection of their civil rights. It is the first time in the world's legislative history that the right of personality has been incorporated into a separate part of the Civil Code. In the past, the "General Principles of Civil Law" has only the provisions of principle to tort, this time the tort has also been incorporated into a separate part. These provisions will effectively protect the legitimate rights of citizens and effectively cultivate people's awareness of rights and the concept of equality. This is of great significance to change the status quo of people's weak awareness of rights, strengthen the concept of respect for private rights by administrative subjects, and promote the process of rule of law in China.

II、 THE STARTING POINT OF ADJUSTING OUR GOVERNMENT'S BEHAVIOR

Under the strong leadership of the Party, through constant reform to adapt to the situation at home and abroad, our government behavior gradually embarks on the road of scientific standardization, and its great progress is obvious to all. But on the whole, there are still some problems to be solved in our government behavior, so the adjustment of our government behavior should be the starting point and the way to resolve it.

(I) There is a tendency to inflate the administrative power.

The executive power is the main power of the government. At present, the imbalance between public power and private power still exists. The characteristics of power centralization in China are obvious, and the checks and balances on power are weak. The executive power has a certain meaning of domination and management, both in the legal system and in the external implementation. The objects of domination, management and control are private rights, which are often expressed as civil rights. It will take some time to realize the slogan of "humanism, people-orientation". The civil rights are relatively small.

The realistic relationship between the executive power and the civil rights is the inevitable result of the strong domination and superiority of the executive power. Some government officials worship the executive power standard theory, the power is superior to the rights, even out of control of power, the protection of private rights of citizens is inadequate or even the lack of rights. The realistic relationship between the executive power and the civil rights is reflected in the model of government construction, that is, the model of government, to a large extent, the government is very arbitrary, the boundary of power is vague.

(II) The tendency of the government to maximize the interests of the small groups

The aim of the government action is originally for the needs of "public interests", and its main function is to provide public goods and services for the society and the public. But in the process of real operation, especially in the process of urban reconstruction, housing and land expropriation, the government, especially the relevant departments, often use their power to seek rents through various names to make profits for the small groups under the banner of "public interests". The government is transformed from the creator and protector of the public interests to the profiteer, destroying political morals and damaging the government's image.

The government action is originally for the protection and promotion of the interests of all the people. Linking the government to the profiteering activities goes against the original intention of people to establish public authorities. The trend of the government action makes the government become the main body of action and the main body of interest in the market. The direct result is that the government's detached status in the economic activities and the whole social activities has declined, which has seriously damaged the government's image and authority. When the government, like the enterprises, takes the maximization of the profits as its goal, it will lead to the neglect and abandonment of the duties for the "public interests", and make the government's behavior to safeguard the public interests become distorted and shrinking. The direct intervention of the government action and the pursuit of the interests, which rely on the monopoly resources under its control, will not only lead to serious social injustice, but also easily breed corruption.

(III) The tendency of behavior coercion

At present, the color of coercion is too strong in our government action. Because of historical and cultural reasons, the concept and behavior of the government workers still lack the sense of service. The ultimate goal of the government action is to fulfill the obligation of protecting the legitimate rights and interests of the people, so it should embody the concern for the legitimate rights and interests of the people. But in practice, the measures adopted are administrative punishment, administrative enforcement and other coercive acts, which have encouraged the government workers' sense of official-standard, one-sided emphasis on coercion, which has led to the neglect and exclusion of the participation of citizens and society, deprivation of the right of autonomy of citizens, and impeded the development of civil society.

III、 The Starting Point for Adjusting the Behavior of the Government of Our Country

As a basic law under the constitutional rank, the Civil Code has many public law factors besides its basic private law attributes. In addition, the development of civil law plays a role in protecting the interests of the market subjects, and in fact plays a fundamental role in cultivating the civil society and the awareness of civil rights. In this sense, the full development of civil law is the starting point for the construction of a country ruled by law and a government ruled by law. Therefore, the law will have a significant impact on the construction of our government's behavior in addition to the development of our country's civil and commercial legal relations. First of all, the government should adapt to this impact passively and make corresponding adjustments to its behavior, which is the most basic requirement for adjusting the behavior of the government.

(I) Enhancing the defense capacity of private rights and further delineating the boundaries of government's behavior

The essence of rights is actually the ability of a subject to control his own behavior by his own will. And this ability is always limited, because it is always disturbed and restricted by other subjects, so rights have two natural characteristics: limited and violated. The essence of power is actually the ability of one subject to control the behavior of another subject, which is naturally expansive and easily corrosive. In modern society, the government's behavior capacity is extremely strong, and it is very easy to expand, easy to be abused, to constitute a large area of sustained damage to the fragile private rights, and it is difficult for the obligee to relieve. Therefore, the Civil Code's primary impact on government's behavior is to draw a line between the individual, the society and the government, respectively.

In a sense, the exclusivity of civil rights includes not only individuals who are not owners, but also governments. Citizens and organizations exercise the right to control civil rights within the limits of legal restrictions, and the government should respect and protect the exercise of this right. This kind of respect or protection is the restriction of government's power, and the government cannot replace the civil obligee to exercise their rights, nor can it interfere or hinder the exercise of rights.

The Civil Code lists the types and contents of civil rights more completely, which not only enhances the civil subject's consciousness of rights, but also makes the scope and range of civil rights more direct and clear. For example, the right of personality is independently enshrined in the Civil Code, and the types and contents of personality rights have a direct and clear legal basis; in the aspect of property rights, the Civil Code adds the right of habitation, which makes future government actions have to take into account the interests of the habitation; in the aspect of marriage and family, the adoption system has been improved, lowering the conditions for the formation of an adoptive relationship.

(II) Promoting the norms of abstract administrative acts of administrative subjects to make them more fair, reasonable and legal.

For a long time, as a normative document, the "red-headed document" has been widely used for social governance, the implementation of laws and policies, and the realization of administrative goals. However, some "red-headed document" has some problems in the authority of formulating subjects, the procedure of formulating, the understanding of relevant laws, regulations and policies, and the consideration of citizens' legal rights and interests, which has caused extensive damage to the state, society and citizens, legal persons and other organizations, and is universal and sustainable, potentially affecting social stability. The "red-headed document" is often the epitome of the unlimited expansion of government's public power. When private rights are greatly compressed, citizens and organizations that have long been unable to participate in the decision-making process will eventually express their interests in various abnormal ways.

As the base of private rights, the Civil Code first establishes a number of principles to protect civil rights for abstract administrative acts of administrative subjects, such as the principle that civil rights and interests shall not be infringed as stipulated in Article 3, the principle of equal legal status of market subjects as stipulated in Article 206, and the principle of protection of lawful private property as stipulated in Article 267. Secondly, the Civil Code introduces "public order and good customs", which makes the formulation of abstract administrative acts not only consider legitimacy, but also consider moral factors, social habits and social stability, and ultimately enhance the rationality of normative documents and enhance their acceptance by the public. Thirdly, the formulation of normative documents in the field of professional administration should be designed with the contents of the Civil Code. For example, the Civil Code makes amendments to partitioned ownership of buildings and sets up a special chapter on property service contracts; therefore, these provisions in the Civil Code shall be fully considered in normative documents on management of the property industry; the Civil Code makes improvements to the technology contract system, and administrative bodies shall fully absorb the main points of the revision when formulating strategies to encourage the development of intellectual property rights.

(III) Promote the normalization of specific administrative acts of administrative subjects and make them more fair, impartial, lawful and civilized

The law is, in essence, a restriction on arbitrary power. "It is possible, through a well-established system of private law, to define the sphere of action of private persons or groups of persons in order to prevent or oppose acts of aggression and to avoid or deter acts that would materially impede the freedoms or ownership of others, and social conflicts. It is possible, through a well-established system of public law, to seek to limit and restrain the powers of public officials in order to prevent or remedy inappropriate infringements upon areas of private rights that really need to be protected and to prevent arbitrary tyranny. "The Civil Code's role in further regulating specific administrative acts of administrative subjects is mainly shown as follows:

1. When performing a specific administrative act, it is necessary to carefully consider the provisions of the Civil Code and pay due attention to the circumstances that may cause damage to the civil rights of the other party. For example, for planning authorities, it is necessary to fully consider whether the approved planning and design may have adverse effects on the neighboring rights or easements of the other party. In case of adverse effects, it is necessary to adjust the planning and design or to discuss the solutions with the parties.

2. It provides a more direct basis for the making of a specific administrative act. For example, based on its experience in the prevention and control of COVID-19, the Civil Code adds a circumstance of "epidemic prevention and control" to property expropriation, which provides a strong legal support for administrative subjects to take expropriation actions in the face of major epidemic prevention and control. Article 108 requires that human clinical trials shall be approved by the relevant authorities in accordance with the law, which provides a high-level legal basis for administrative subjects to intervene in human clinical trials.

3. It enriches the specific administrative acts of administrative subjects. On the one hand, the Civil Code enriches the content of existing specific administrative acts. For example, regarding the voluntary divorce registration, the Civil Code adds the registration of child support, property disposal and debt disposal as agreed upon by both parties. This means that the relevant administrative subjects must take additional work to complete the divorce registration. On the other hand, the Civil Code adds the types of specific administrative acts. For example, Article 1011 of the Civil Code requires authorities to take reasonable measures against sexual harassment, such as preventing it, accepting complaints, and conducting investigations and handling it; Article 1105 of the Civil Code requires civil affairs departments at or above the county level to conduct an assessment of adoption in accordance with the law; and Article 1145 adds the function of an administrator to civil affairs departments.

In the future, specific administrative acts will be implemented in a more diverse manner, with fairer methods and results, and more civilized processes.

IV、 THE CONCEPT OF PROACTIVE ADJUSTMENT OF GOVERNMENT ACTION UNDER THE CIVIL CODE

The solution to the problem of government action in our country should not remain in the passive adjustment of the Civil Code, otherwise it can only be made to conform to the requirements of the Civil Code at the lowest level, which is very limited. Therefore, we should take the promulgation of the Civil Code as an opportunity to proactively update the concept of government action and lay a good foundation for proactively adjusting government action.

（I）Strengthen the administrative concept of equal protection of property

Equal protection of state, collective and private property is determined by the principles and requirements of the Constitution. It is a constitutional principle that "all persons are equal before the law", and "person" here includes not only natural persons but also all kinds of economic entities and state organs. All entities are equal before the law is that the country is ruled by law and is fundamentally influenced by public ownership. In our country's administrative concept, the phenomenon that state ownership and collective ownership shall be given priority to protect has existed for a long time, and it is easy to restrict or dispose of private property by "avoiding loss of state assets" or "preventing damage to public interests".

Although this misconception has been reconsidered and corrected with the promulgation of Contract Law and Property Law, it still needs to be further baptized by more influential and more comprehensive laws in order to eliminate it completely. Because as long as there is unequal protection of property, the independence and autonomy of individuals are limited, and public power is in danger of expansion. This serious imbalance of power structure will affect the vitality of economic development and social progress, and will restrict the full development of democratic politics.

To this end, Article 4 of the Civil Code clearly states: "All civil subjects are equal in legal status in civil activities."Article 207 further emphasizes on property: "State, collective, private real rights and the real rights of other right holders are protected equally by law, and no organization or individual may infringe upon them."

(II) Strengthen administrative awareness of the protection of private rights

Because of the deep- rooted influence of rejecting and denying private property in traditional ideas, and the imperfect market economy in China, there are still too many government control and administrative barriers in many fields. Using public interest and social development as the pretext to restrict and infringe upon private property of citizens often occur. Therefore, the full understanding of the inviolability of private rights is of principle value for actively adjusting the government behavior.

On the one hand, private rights are the bastion of citizens' defenses against public power, which establishes the basic boundary of public power activities, but on the other hand, private rights have the basic attribute of system guarantee, which is the qualification or ability of every citizen to exercise their rights freely, and plays the function of guaranteeing individuals to make use of various economic conditions freely to achieve their goals. The importance of private rights is not only constitutional, but also economic. "When resources are under private property rights, people are generally richer. Under private property rights, resources will be used more wisely for more diverse purposes than under communal and collective ownership, and people will gain more from specific resources. "Further protection of private rights is conducive to stimulating the enthusiasm of the people to create and accumulate wealth, and promoting social prosperity and development.

To strengthen administrative awareness of the protection of private rights, we should deal with the relationship between private interests and public interests correctly. Any right is legally restricted, and there is no absolute right in the world without any restriction. Therefore, any private right has a public obligation, and if the protection of private interests is blindly opposed to public interests, the public interests will not be protected and promoted, and eventually the interests of individuals will be damaged or unfulfilled. At the same time, personal interests should not be sacrificed in the name of public interests. When there is a conflict between the public interests and the damaged private rights of citizens, a balance should be made impartially and the relationship between the public interests obtained by society should be carefully weighed. If the damage to the rights of citizens is obviously larger than the interests obtained by society, the right should not be harmed.

(III) Further establishing the pursuit of administrative services that provide convenience and high efficiency

The Implementation Outline for the Comprehensive Implementation of Administration by Law issued by the State Council in 2004 requires that: "it is necessary to unify adhering to administration by law and improving administrative efficiency, so as to work in strict accordance with law and actively perform duties."In 2010, the State Council issued the Opinions on Strengthening the Construction of Government by Law, which further requires that "we should improve and innovate law enforcement methods, adhere to the principle of paying equal attention to management and services, as well as combining disposal and guidance, and realize the unification of legal effects and social effects."It can be seen that the organic unity of "limited government" and "having for something" has become the essence of government under the rule of law.

The efficiency and convenience of government acts not only embodies the emphasis on efficiency and convenience for the people in work procedures of administrative organs, but also the provision of efficient and quality services in respect of the protection of the substantive rights and interests of citizens, legal persons and organizations, which is the unity of procedure efficiency and substantive justice.

The Civil Code will promote "active administration" of administrative organs, that is, "active administration" or "service administration" of administrative organs, which will not have direct impact on private rights and obligations, but will help safeguard their legitimate rights and interests and promote public interests and welfare. Administrative organs are required to actively act within their statutory authority, and "may act unless expressly prohibited by law".

Active administration and service administration are the important contents of the acts of administrative organs, so their scope shall be further expanded and their quality shall be improved under the conditions of market economy. For example, Chapter II of the Civil Code provides the rights of right holders and interested parties to consult and reproduce registration materials, the rights to apply for correction of registration and objection registration, the liability to be borne by the registration authority due to errors in registration is no-fault liability and the real estate registration fee shall be charged on an individual basis. These provisions not only reflect the value and function of the law in adjusting social interests, but also reflect the implied spirit of "benefiting the people" of the government under the rule of law.

(IV) Deepening the Government's Specific Understanding of Limited Regulation

Social autonomy is an inevitable product of breaking "omnipotent government" and moulding "limited government" with the development of modern society and the deepening of public administration reform. As the government continuously deregulation and the continuous transfer of public power to society, a three-dimensional social structure concurrent with political, economic and social fields has become increasingly stereotyped. In the political field, the government is the main body of activity, its basic function is to provide public goods for society, in the economic field, profit organizations and individuals are the main body of activity, its basic function is to provide private goods for members of society, and in the social field, non-profit organizations are the main body of activity, its basic function is to provide quasi-public goods. Therefore, under the circumstances where the boundaries of rights (powers) are clear, government departments should not "stretch too far" to do what should be within the reach of the market or civil society, nor should they play down their public service functions. The functions of government are not divided as carefully as possible, otherwise there will be no service but management. Further clearly define the functions of government, emphasizing its functions of social management and public service. By establishing and improving a decision-making mechanism combining government decision-making with social participation and expert argumentation, government affairs will be made public, and a fast communication channel and feedback mechanism between the government and the market, the society, and the citizens.

V、 Proper Path for Proactive Adjustment of Government Conduct under the Civil Code

In order to proactively adjust government conduct in accordance with the requirements of the Civil Code, it is necessary, in addition to establishing a correct concept, to find the correct path for implementation.

(I) Embodying the Requirements of the Civil Code in Terms of Manner of Conduct

The manner of government conduct should be transformed to legalization, procedural and democratization.

1. Legalization of Government Conduct

The manner of government conduct should be properly applied. Under the background of the Civil Code, the government should take the lead in abiding by the law and exercising power in accordance with the law. As we all know, there can be no administration by law without legal norms. The government under the rule of law is a government with limited power. The maximum boundary of such power is not to damage the legitimate rights and interests of citizens. Therefore, the manner of government conduct needs to be further legalized. In the people's awareness of the level of today, crude command management has been more and more unacceptable. Government conduct with institutional care is more easily understood and supported by the masses. Government conduct should ensure that human rights are not trampled by arbitrary power. Legalized government conduct should be strictly limited. Government conduct should be strictly limited. Government conduct should be strictly limited. Functional departments should be able to eliminate, prevent and restrain tyrannical and unlimited conduct.

2. Legalization of Government Conduct

Because it is difficult to define the connotation and scope of "public interest" in substance, through due process to control the exercise of power, it becomes a powerful barrier to define public interest and protect private rights from being infringed. Specifically, under the requirements of the Civil Code, the legalization of government conduct mainly includes the following aspects:

First, requisition and expropriation behavior should be legalized. This includes institutionalization of property evaluation, publicity of compensation standards, consultation and compulsory demolition, so as to enable citizens to exercise the right of defense and the right of defense, restrict and counter the public power of the government through fair procedures, avoid arbitrary and arbitrary administrative activities, give full play to the functions of procedures of finding justice and obtaining result justice, and realize the interaction and balance between power and rights.

Second, relief behavior should be legalized. For example, during the procedures of administrative review, arbitration and litigation, the government should provide timely, fair and just compensation or indemnity for the infringement of citizens' property rights by legal expropriation, expropriation and illegal exercise of power.

Third, the conclusion of major contracts involving public interests should be legalized. For example, Article 792 of the Civil Code provides that "A contract for a major state construction project shall be concluded in accordance with the procedures prescribed by the state and in compliance with the state-approved documents such as investment plan and feasibility study report, etc."

3. Democratization of Government Conduct

According to the relevant requirements of the Civil Code, whether "for the needs of public interests" is not determined by the "head slap" of the leaders. When an administrative organ determines whether a certain interest falls within the scope of public interests, it must listen to the opinions of the general public, especially those of the interested parties. The opinions of the general public and the interested parties should be solicited to determine whether it conforms to the needs of public interests.

(II) Perfecting power control and right protection in terms of institutional construction

In terms of institutional construction, the government should formulate specific measures in a timely manner for the regulations on the control of public powers and the protection of private rights under the Civil Code, so as to realize them as soon as possible or bring them into better play.

For example, the Civil Code adds the power of the government to expropriate private property or restrict private rights as a result of disaster relief or epidemic prevention and control. How to specify this in order to prevent the abuse of the name of public interests and at the same time to realize the original intention of legislation, it is urgent for the government to carry out specific institutional construction in time and to formulate and implement implementation methods and guidelines. Again, the Civil Code has greatly reformed the adoption system, and the ultimate realization of adoption requires the cooperation of government actions, which also urgently requires the government to further revise the existing adoption registration system. Again, the Civil Code adds the function of civil affairs as an inheritor. How to perform this function well will concern the vital interests of the inheritor, so it is necessary to form an operating system of inheritor as soon as possible to protect the inheritor to the greatest extent.

(III) Strengthening the supervision over the government's acts through social control

The promulgation of the Civil Code has a restrictive effect on the government actions. However, relying on the government itself to regulate its actions will still lead to repeated expansion of public powers. Government actions also need external constraints in order to achieve effective supervision. Therefore, it is necessary to strengthen the supervision of government actions through social control.

First, there is public oversight. State powers, such as executive power, are formed in the process of entering into social contracts by social members, and are established in the outcome of social contracts. Citizens have the basic right to supervise government actions. The key is that the public should make full use of their own basic rights. Therefore, the government should try to form a vigorous study of the Civil Code, guide the masses to become the masters of safeguarding their rights, dare and dare to use legal weapons to challenge illegal actions, and make government actions legitimate and standardized. We should fully mobilize the enthusiasm of the masses, regularly organize them to supervise government actions, give comments and suggestions on government actions, actively address their demands, attach importance to letters and visits, and resolutely put an end to the phenomenon of retaliation against their clients.

Second, there is media oversight. In the developed countries, it has become a general trend for news media to supervise government actions, and the role of news media in China is becoming increasingly prominent. Especially after the emergence of "new media", such as Weibo and WeChat, the ability of the media to find hot issues and to call on the media to expose the unfair and unreasonable phenomena in the society more quickly and transparently. Government departments should also be committed to the development of e-government, open administrative actions to the sun, and through the network media, facilitate the masses in the first time to participate in and discuss politics and to supervise and control.

(IV) Improving government actions from the perspective of quality training of civil servants

Civil servants are the most specific units for carrying out government actions. With the promulgation of the Civil Code and other laws and the advancement of the process of the rule of law, the corresponding legal quality of civil servants needs to be improved. At present, there are still some inadaptability to the legal quality of civil servants, especially the ability to administer by law, so there is a great need for civil servants with high quality and strong professional ability.

The administrative bodies shall take advantage of the promulgation of the Civil Code to strengthen the study of civil servants' legal and professional knowledge, make efforts to improve their quality, constantly raise their level of policy and theory, strengthen their awareness and ability to exercise power for the people, administer by law, be honest and self-disciplined, lay a solid ideological and working foundation for doing the work well, and constantly improve the management and service ability and level. The focus shall be put on the realization of "four changes" in the management of civil servants, namely, the change from extensive management to fine management, the change from static management to dynamic management, the change from results-based management to process management, and the change from the management by traditional means to the management by computer information network. By so doing, the goal is to realize the effectiveness, maximization and excellence of management and service, and to improve the efficiency and level of protecting civil rights of the people.

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