法治政府基本建成的标准与举措研究

发布时间：2018-07-24 16:42

【摘要】：随着社会主义市场经济的发展，“依法治国，建设社会主义法治国家”已经被我国宪法确认，而建设法治国家的重中之重就是建设法治政府。党的十八大也提出到2020年实现“依法治国基本方略全面落实，法治政府基本建成，，司法公信力不断提高，人权得到切实尊重和保障”的目标。那么，如何评判法治政府是否基本建成？判断标准是什么？现有的法治政府建设现转与要达成的目标中间还有多少路要走？具体有哪些需要加强的措施？本文就是针对建设法治政府这一系列问题展开的，希望对当前我国法治政府的建设有所帮助。论文绪论部分，指出了法治政府这一问题的时代背景，新一届政府领导班子对法治政府建设的新要求；同时介绍了国内研究现状以及本文的研究思路、创新点与不足。文章第二部分，介绍了法治政府的基本理论，首先从西方法治概念入手，接着阐述中国语境下的法治政府的概念，进而引出与西方法治政府比较中国法治政府所具有的特点，为下文针对性提出法治政府基本建成的标准及举措做铺垫。文章第三部分，结合现有研究成果和十八大限权精神，对法治政府基本建成的衡量标准提出了四大标准，分别从权力来源必须来自法律的规定、权力行使的程序必须在法律允许的框架之内、角色定位界定好政府权力与市场和社会的分工以及侵权救济四大方面进行阐述。文章第四部分，基于第三部分，就我国法治政府建设的现状与要达成的目标提出了五大构建措施，分别是：改变政策驱动型改革模式、处理好政府与市场的分工与合作、权力主体的法治思维培养、加强法治政府指标体系的落实以及落实与完善政府法律顾问制度。没有完全罗列建设举措，但就提到的部分都进行了详细的阐述。
[Abstract]:With the development of socialist market economy, "governing the country according to law and building a socialist country ruled by law" has been confirmed by the Constitution of our country, and the most important thing in building a country ruled by law is to build a government ruled by law. The 18th National Congress of the Communist Party of China has also put forward the goal of "comprehensively implementing the basic strategy of governing the country according to law, building a government ruled by law, improving the credibility of the judiciary, and ensuring human rights" by 2020. So, how to judge whether the rule of law government is basically built? What are the criteria? How many ways are there to go between the construction of the existing rule of law government and the goal to be achieved? What specific measures need to be strengthened? This paper aims at the construction of the government by law, hoping to help the construction of the government by law. In the introduction part, it points out the background of this problem and the new requirements for the construction of the government under the rule of law in the new government, and introduces the present situation of domestic research and the research ideas, innovations and shortcomings of this paper. In the second part, the author introduces the basic theory of the rule of law government, starts with the concept of the rule of law in the west, then expounds the concept of the government ruled by law in the context of China, and then draws out the characteristics of the rule of law government in China compared with the western government under the rule of law. For the following pointed out the rule of law government to build the basic standards and measures to pave the way. In the third part of the article, combined with the existing research results and the spirit of the 18th National Congress of the people's Republic of China, it puts forward four standards to measure the basic construction of the government ruled by law, respectively from the provisions of the law that the source of power must come from. The procedure of the exercise of power must be within the framework permitted by law, define the role of government power and market and social division of labor, as well as tort relief. In the fourth part, based on the third part, the author puts forward five measures to construct the government by law in our country. They are: changing the policy-driven reform mode, dealing well with the division of labor and cooperation between government and market. The main body of power should train the thinking of the rule of law, strengthen the implementation of the index system of the government ruled by law, and implement and perfect the system of government legal adviser. There is not a full list of construction initiatives, but the parts mentioned are described in detail.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.1

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