Journal of Northeastern University(Social Science) ›› 2019, Vol. 21 ›› Issue (1): 73-81.DOI: 10.15936/j.cnki.1008-3758.2019.01.011

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Research on Conflicts in the Law and Resolution of Multi-center Governance from the Perspective of National Governance Modernization

HE Yang1, LIN Di-fen2   

  1. (1. School of Public Affairs and Administration, University of Electronic Science and Technology of China, Chengdu 611731, China; 2. School of Public Affairs, Xiamen University, Xiamen 361005, China)
  • Received:2018-06-12 Revised:2018-06-12 Online:2019-01-25 Published:2019-01-12
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Abstract: The modernization of national governance system and governance capacity is the direction for political development in China, which particularly emphasizes the multi-center governance order under the leadership of the Communist Party of China. Multi-center governance requires government, social organizations and citizens to take part in the governance together. The legitimacy of the government and social organizations participating in public governance is from the citizens and the legitimacy of the citizen's participation is their natural rights. In theory, the conflicts in the law and the overlap of the three different forms of conflicts in the law that occur under the perspective of subject theory are used as the standard of division. There are 16 types of conflicts in the multi-center governance under the leadership of the Communist Party of China. Two main types of conflicts between different governance entities and internal conflicts of similar governance entities exist. In view of China's actual national conditions, the path design for resolving other conflicts in the law should be treated differently by considering whether such conflicts involve constitutional rights, except those stipulated in the Legislation Law of the People's Republic of China. If conflicts in the law involve constitutional rights, we should turn to the People's Congress and its standing committee; if not, we should introduce case law to resolve them.

Key words: modernization of national governance system, multi-center governance, conflict in the law

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