法治规律与中国国情创造性结合的蓝本——论《全面推进依法行政实施纲要》的理论精髓

A Blueprint of Creative Combination of Rule of Law and China's Context

《纲要》作为我国第一部全面规划建设法治政府蓝图的纲领性文件,在推进依法行政的历史进程中具有里程碑意义。坚持法治规律与中国国情的创造性结合,是《纲要》的核心精神,也是《纲要》的最大特色。《纲要》的理论精髓体现在:(1)《纲要》贯穿的内在主线:监督、规范行政权与保护、扩展公民权相结合;(2)《纲要》规定的基本内容:依法行政理念与依法行政制度相结合;(3)《纲要》确立的法治目标:建设法治政府与形成法治社会相结合;(4)《纲要》选择的法治道路:自上而下政府推进与自下而上全民参与相结合。

As China's first programmatic blueprint for establishing a government by law, The Outline is a milestone in the historical process of promoting administration by law. Sticking to the creative combination of the principle of rule of law and China's actual conditions is the core spirit of The Outline as well as its greatest feature. Following the above theoretical gist, this article is intended to analyze the theoretical quintessence of The Outline from four aspects: the inherent thread running through The Outline i. e. the combination of the supervision and regulation of administrative power and the protection and expansion of civil rights; the basic contents stipulated by The Outline i.e. the combination of the philosophy of administration by law and the system of administration by law; the goal of rule of law established by The Outline i. e. the combination of the establishment of a government by law and the formation of a society by law; the path of rule of law chosen by The Outline i.e. the combination of the Government's promoting rule of law from top to bottom and the entire people' s participation from bottom to up.