论我国法治政府建设的模式选择

发布时间：2019-03-04 14:37

【摘要】：我国的法治政府建设取得了重要进展,但也面临不少困难和问题。建设法治政府的历程和推进法治政府的方式表明,我国采取的是行政主导型的法治政府建设模式。行政主导型模式存在合法性不足、缺乏充分的外部监督等缺陷,难以推动法治政府建设取得更大实效。而议会主导型模式和自然演进模式,在我国尚不具备现实可行性。公共治理的兴起,呼唤建立主体多元化、方式民主化、管理协作化的上下互动的新型治理模式,要求政府从“统治”转向“治理”,实现对社会的“善治”。这对我国法治政府建设模式的选择有许多有益的启示。行政主导型的单一模式,应当向“党委领导,人大引导,政府实施,多方监督,公众参与”的综合模式转变。法治政府建设的综合模式,既吸收了行政主导型、议会主导型和自然演进型三种单一模式的优点,又回避了其缺点。综合模式中,强调了党委的领导作用,有利于充分调动各种力量参与法治政府建设；强调了人大的引导作用,有利于弥补行政主导型模式合法性不足的缺陷；强调了政府是法治政府建设的实施主体,有利于明确政府的责任和保持其参与法治政府建设的积极性和主动性；强调了政协,司法机关等多种主体的监督,有利于对法治政府建设形成全方位的监督体系；还特别强调了公共参与的重要作用。法治政府建设的综合模式,是符合我国政治体制、符合我国现实国情、符合公共治理发展趋势的更为合理的选择。
[Abstract]:China's rule of law government has made important progress, but it also faces many difficulties and problems. The course of the construction of the government ruled by law and the way to promote the government by law show that our country adopts the administrative-led model of the construction of the government ruled by law. The lack of legitimacy and adequate external supervision makes it difficult to promote the construction of a government ruled by law to achieve more practical results. However, the parliamentary dominant model and the natural evolution model are not feasible in our country. The rise of public governance calls for the establishment of a new type of governance model, which is characterized by diversification of subjects, democratization of ways and cooperation of management. It requires the government to change from "rule" to "governance" and to realize "good governance" to society. This has many beneficial enlightenment to our country rule of law government construction mode choice. The single mode of administration-leading should be changed to the comprehensive mode of "Party committee leading, people's Congress guiding, government implementing, multi-party supervision and public participation". The comprehensive model of the construction of government ruled by law not only absorbs the advantages of three single modes, namely, executive-led, parliamentary-led and naturally evolving, but also evades its shortcomings. In the comprehensive model, the leading role of the party committee is emphasized, which is beneficial to fully mobilize all kinds of forces to participate in the construction of the government ruled by law, and the guiding role of the people's Congress is emphasized, which is helpful to make up for the deficiency of the legitimacy of the administrative leading model. It is emphasized that the government is the main body of the construction of the government under the rule of law, which is helpful to clarify the responsibility of the government and maintain its enthusiasm and initiative to participate in the construction of the government by law It emphasizes the supervision of CPPCC, judicial organs and other subjects, which is conducive to forming an all-round supervision system for the construction of a government ruled by law, and especially emphasizes the important role of public participation. The comprehensive model of the construction of the government ruled by law is a more reasonable choice in line with the political system of our country, the reality of our country, and the development trend of public governance.
【学位授予单位】：云南大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D630;D922.1

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