自由与秩序平衡下的法治政府建设
发布时间：2019-04-10 10:06
【摘要】：自由与秩序的平衡是法治政府建设的根本目标、关键标准和核心内容。当前,我国法治政府建设中存在着"政府法治弱化导致自由权滥用破坏社会秩序"、"立法中自由权利失衡导致政府依法破坏社会秩序"、"政府权力不当行使破坏社会秩序"等自由与秩序失衡的问题,这主要是由于法律调整方法存在局限、良法的相对性和法律公正执行的相对性等原因导致。建设法治政府应当坚持法律与社会规范、政府与社会力量的平衡,防止自由权滥用破坏自由与秩序的平衡;坚持立法中的自由权利平衡,防止政府合法破坏自由与秩序的平衡;发挥法律执行中的权利制约作用,防止权力不当行使破坏自由与秩序的平衡。
[Abstract]:The balance between freedom and order is the fundamental goal, key standard and core content of the construction of government ruled by law. At present, in the construction of the government ruled by law in our country, "the weakening of the government's rule of law leads to the abuse of the right of freedom to undermine the social order", and "the imbalance of freedom and rights in the legislation causes the government to destroy the The unbalance of freedom and order, such as the improper exercise of government power, is mainly due to the limitation of the method of legal adjustment, the relativity of the good law and the relativity of the just execution of the law and so on. The construction of a government ruled by law should adhere to the balance of law and social norms, the balance between government and social forces, prevent the abuse of the right to freedom to undermine the balance between freedom and order, adhere to the balance of freedom and rights in legislation, and prevent the government from legally destroying the balance between freedom and order. In order to prevent the improper exercise of power from destroying the balance between freedom and order, we should give full play to the role of right restriction in the enforcement of laws.
【作者单位】： 中共安徽省委党校法学部;
【分类号】：D920.0
，
本文编号：2455706
[Abstract]:The balance between freedom and order is the fundamental goal, key standard and core content of the construction of government ruled by law. At present, in the construction of the government ruled by law in our country, "the weakening of the government's rule of law leads to the abuse of the right of freedom to undermine the social order", and "the imbalance of freedom and rights in the legislation causes the government to destroy the The unbalance of freedom and order, such as the improper exercise of government power, is mainly due to the limitation of the method of legal adjustment, the relativity of the good law and the relativity of the just execution of the law and so on. The construction of a government ruled by law should adhere to the balance of law and social norms, the balance between government and social forces, prevent the abuse of the right to freedom to undermine the balance between freedom and order, adhere to the balance of freedom and rights in legislation, and prevent the government from legally destroying the balance between freedom and order. In order to prevent the improper exercise of power from destroying the balance between freedom and order, we should give full play to the role of right restriction in the enforcement of laws.
【作者单位】： 中共安徽省委党校法学部;
【分类号】：D920.0
，
本文编号：2455706
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