公务员在法治政府中依法行政能力的思考

发布时间：2018-11-14 10:13

【摘要】：依法行政是推动国家和社会法治化的需要和实施依法治国方略的前提。为此它要求公民法律意识的普遍提高,特别是公务员法律意识的提高,要求整个社会形成一个知法、懂法、遵法和守法的氛围。这关键又在于行政机关的依法行政,因为行政机关是国家事务和社会公共事务的管理机关,只有行政机关及其公务员对国家和社会生活实行规范、文明的依法管理,才能使法律、法规得到全面实施,也才能在全社会起到良好的尊重法律、执行法律和遵守法律的示范作用,有助于公民法律意识的普遍提高,有助于树立起法律至高无上的权威,从而推动整个国家法治化的进程。然而这些归根结底要靠公务员依法行政能力的提升,因为法律和法规的实施最终是要靠公务员去实现的。公务员依法行政能力的强弱就决定了国家的依法行政水平,从而就决定着依法治国的进程。近些年来,公务员依法行政能力得到了大幅的提升,但就我国目前公务员队伍的依法行政能力来看,还有很多公务员的依法行政能力比较弱,这不仅严重影响了我国政府的形象和社会的健康发展,而且还不利于公民利益的维护和政府执政地位的稳固。因此,在不断地提高国民素质,加强党的执政能力建设的同时,我们必须要把提高我国公务员依法行政能力放到重要的战略位置予以认真思考。本文从公务员在法治政府中依法行政能力的基本理论入手,着重分析了当前公务员依法行政能力的现状,在探讨存在的问题的原因基础上,赋予公务员依法行政能力新的内容,继而针对公务员在法治政府中依法行政能力观念意识比较落后、公务员队伍自身素质参差不齐、监督机制不完善、各部门之间利益化、考评与奖惩机制不健全等存在问题方面,提出了通过更新观念,提高公务员法治意识；加强培训,提升公务员依法行政能力；完善监督,发挥公务员依法行政的主体作用；加强沟通,提高公务员依法行政的协调力；健全机制,制定绩效考评规范等五个方面来加强、改善和提高我国公务员的依法行政能力的措施,希望能够为推进我国公务员依法行政能力的提高做出一些贡献。
[Abstract]:Administration by law is the need to promote the rule of law in the country and society and the premise of implementing the strategy of governing the country according to law. Therefore, it requires the general improvement of citizen's legal consciousness, especially the raising of civil servant's legal consciousness, and requires the whole society to form an atmosphere of knowing, obeying and abiding by the law. The key lies in the administration of administrative organs according to law, because administrative organs are the administrative organs of state affairs and social and public affairs. Only administrative organs and their civil servants regulate the state and social life and manage them according to law in a civilized manner. In order to make the laws and regulations fully implemented, and to play a good role in respecting the law, enforcing the law and abiding by the law in the whole society, it is helpful for the general raising of citizens' legal awareness. Help to establish the supreme authority of the law, thus promoting the process of rule of law throughout the country. However, in the final analysis, it depends on the improvement of the ability of civil servants to administer according to law, because the implementation of laws and regulations depends on the civil servants in the end. The ability of civil servants to administer according to law determines the level of national administration by law, and thus determines the process of governing the country according to law. In recent years, the ability of civil servants to administer according to law has been greatly enhanced. However, from the perspective of the ability of our civil servants to administer according to law at present, there are still many civil servants whose ability to administer according to law is relatively weak. This not only seriously affects the image of our government and the healthy development of the society, but also is not conducive to the maintenance of the interests of citizens and the stability of the government's ruling position. Therefore, while constantly improving the national quality and strengthening the construction of the Party's ruling ability, we must seriously consider how to improve our civil servants' ability of administration according to law to an important strategic position. Starting from the basic theory of civil servants' ability to administer according to law in a government ruled by law, this paper emphatically analyzes the present situation of civil servants' ability to administer according to law, and on the basis of discussing the causes of existing problems, gives civil servants new content of ability to administer according to law. Then, in view of the fact that civil servants' sense of administrative ability according to law is relatively backward in the government ruled by law, the quality of the civil servants themselves is uneven, the supervision mechanism is not perfect, the interests of various departments are becoming more and more beneficial, and the evaluation, reward and punishment mechanism is not perfect, etc. The author puts forward to improve civil servants' consciousness of rule of law by renewing their concepts. Strengthen training, enhance the ability of civil servants to administer according to law, perfect supervision, give full play to the main role of civil servants in administration according to law, strengthen communication, improve the coordination ability of civil servants in administration according to law; It is hoped that the measures to strengthen, improve and improve the ability of our civil servants to administer according to law can make some contributions to the improvement of our civil servants' ability to administer according to law.
【学位授予单位】：长春工业大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D630;D922.1

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