政府主导的公平—效率研究
发布时间：2018-10-17 21:21
【摘要】：近年来,随着改革开放的深入和社会主义市场经济的发展,公平与效率问题引起人们的极大关注。党的十五大和十六大都提出了到 2010 年形成中国特色社会主义法律体系的总体目标和要求。实现依法治国的重要途径就是要求各级政府在各项工作中切实作到依法行政。 本文以邓小平公平-效率观为指导,把公平-效率、和谐社会和行政法治三者联系在一起,围绕公平-效率这个中心问题,对邓小平公平-效率观的理论体系深入研究,从法哲学的层面对政府的行政行为和相关的法律规范予以分析,从创建和谐社会的角度出发,针对依法行政对公平与效率保障和实现,探索出对前述问题的解决方案。 “公平”和“效率”两者本身并不是在同一个价值位阶之上的概念,只是在当前的经济社会环境下两者有相互冲突的现象。邓小平把公平与效率放在社会主义社会与市场经济的结合、社会主义本质中考察,站在评价社会制度优越性与否的高度去均衡公平和效率。而和谐社会其实也就是成熟社会、公平社会、注重发展、讲求效率的社会。公平与正义是和谐社会的基础,法治是和谐社会的保证。和谐社会内在的本质要求是达到公平与效率的协调统一。因此政府要在法律、法规的范围内行使行政自由裁量权,调整行政主体和相对人的行政之间的关系。行政法律可以推动行政机构的自身建设,克服在履行职责、特别是行使行政自由裁量权的过程中出现的不公平和低效率的情形。行为规范、运转协调、公正透明、廉洁高效的行政管理体制是法治政府的基础。 本文的创新就是在对公平和效率进行法哲学分析的基础上,指出和谐社会的本质要求是公平与效率的协调统一。法治是实现对公权力协调制衡基本途径,要大力推行依法行政,实现依法治国。围绕依法行政的实质,实现公平-效率的最优化,提出解决公平与效率的矛盾,我们必须在完成社会主义经济发展和小康建设的目标之后,在经济领域强调“效率优先,兼顾公平”的同时,把和谐社会和实现依法治国方略结合起来,特别重视社会公平与效率问题。这将会对当前所倡导的“构建和谐社会”、实现社会的可持续发展起到一定的促进作用。
[Abstract]:In recent years, with the deepening of reform and opening up and the development of socialist market economy, people pay great attention to the issue of fairness and efficiency. The 15th National Congress of the Party and the 16th National Congress of the Communist Party of China (CPC) both put forward the overall goal and requirements of forming the socialist legal system with Chinese characteristics by 2010. The important way to realize the rule of law is to require the governments at all levels to carry out the administration according to law. Under the guidance of Deng Xiaoping's view of fairness and efficiency, this paper links fairness and efficiency, harmonious society and administrative rule by law. Focusing on the central issue of fairness and efficiency, this paper makes an in-depth study on the theoretical system of Deng Xiaoping's view of fairness and efficiency. This paper analyzes the government's administrative behavior and related legal norms from the perspective of legal philosophy, and from the point of view of establishing a harmonious society, probes into the solutions to the aforementioned problems in view of the guarantee and realization of fairness and efficiency in accordance with law administration. The concepts of "fairness" and "efficiency" are not above the same value level, but they conflict with each other in the current economic and social environment. Deng Xiaoping put fairness and efficiency in the combination of socialist society and market economy, examined the essence of socialism, and balanced fairness and efficiency from the height of evaluating the superiority of social system. In fact, harmonious society is a mature society, a fair society, a society with emphasis on development and efficiency. Fairness and justice are the foundation of a harmonious society, and the rule of law is the guarantee of a harmonious society. The essential requirement of harmonious society is to achieve the harmony of fairness and efficiency. Therefore, the government should exercise the administrative discretion within the scope of laws and regulations, and adjust the relationship between the administrative subject and the relative party. Administrative law can promote the self-construction of administrative institutions and overcome the unfair and inefficient situations in the process of performing their duties, especially the exercise of administrative discretion. Standard of conduct, coordinated operation, fair and transparent, clean and efficient administrative system is the foundation of the government ruled by law. The innovation of this paper is based on the legal philosophy analysis of fairness and efficiency, and points out that the essential requirement of harmonious society is the harmony of fairness and efficiency. The rule of law is the basic way to realize the coordination of checks and balances on public power. Focusing on the essence of administration according to law, realizing the optimization of fairness and efficiency, and putting forward the solution of the contradiction between fairness and efficiency, we must emphasize "efficiency first" in the economic field after completing the goals of socialist economic development and well-off construction. At the same time, we should combine the harmonious society with the strategy of governing the country according to law, and pay special attention to the problem of social fairness and efficiency. This will promote the construction of harmonious society and the sustainable development of society.
【学位授予单位】：西安科技大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：F014.4
本文编号：2278024
[Abstract]:In recent years, with the deepening of reform and opening up and the development of socialist market economy, people pay great attention to the issue of fairness and efficiency. The 15th National Congress of the Party and the 16th National Congress of the Communist Party of China (CPC) both put forward the overall goal and requirements of forming the socialist legal system with Chinese characteristics by 2010. The important way to realize the rule of law is to require the governments at all levels to carry out the administration according to law. Under the guidance of Deng Xiaoping's view of fairness and efficiency, this paper links fairness and efficiency, harmonious society and administrative rule by law. Focusing on the central issue of fairness and efficiency, this paper makes an in-depth study on the theoretical system of Deng Xiaoping's view of fairness and efficiency. This paper analyzes the government's administrative behavior and related legal norms from the perspective of legal philosophy, and from the point of view of establishing a harmonious society, probes into the solutions to the aforementioned problems in view of the guarantee and realization of fairness and efficiency in accordance with law administration. The concepts of "fairness" and "efficiency" are not above the same value level, but they conflict with each other in the current economic and social environment. Deng Xiaoping put fairness and efficiency in the combination of socialist society and market economy, examined the essence of socialism, and balanced fairness and efficiency from the height of evaluating the superiority of social system. In fact, harmonious society is a mature society, a fair society, a society with emphasis on development and efficiency. Fairness and justice are the foundation of a harmonious society, and the rule of law is the guarantee of a harmonious society. The essential requirement of harmonious society is to achieve the harmony of fairness and efficiency. Therefore, the government should exercise the administrative discretion within the scope of laws and regulations, and adjust the relationship between the administrative subject and the relative party. Administrative law can promote the self-construction of administrative institutions and overcome the unfair and inefficient situations in the process of performing their duties, especially the exercise of administrative discretion. Standard of conduct, coordinated operation, fair and transparent, clean and efficient administrative system is the foundation of the government ruled by law. The innovation of this paper is based on the legal philosophy analysis of fairness and efficiency, and points out that the essential requirement of harmonious society is the harmony of fairness and efficiency. The rule of law is the basic way to realize the coordination of checks and balances on public power. Focusing on the essence of administration according to law, realizing the optimization of fairness and efficiency, and putting forward the solution of the contradiction between fairness and efficiency, we must emphasize "efficiency first" in the economic field after completing the goals of socialist economic development and well-off construction. At the same time, we should combine the harmonious society with the strategy of governing the country according to law, and pay special attention to the problem of social fairness and efficiency. This will promote the construction of harmonious society and the sustainable development of society.
【学位授予单位】：西安科技大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：F014.4
【引证文献】
相关硕士学位论文 前1条
1 李应建;论公共行政公平与效率的价值取向[D];广西师范大学;2006年
，本文编号：2278024
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