我国公务员的法治观念及其构建

Establishment of the Idea “Rule of Law” of China's Public Servants

通过对法治观念的历史渊源及其基本内涵的分析,阐述了西方公务员法治观念的基本情况。论述了我国公务员整体法治观念存在的误区,即"人治"意识依然存在,法律工具主义意识浓厚,由制度和监管的缺欠导致法治观念的扭曲。进一步阐明了我国公务员法治观念构建的主要内容,即树立法律权威的观念,遵循程序正义的原则,并加强对其自身的法律知识的考核,吸纳法律人进入政府工作。

The general situation of the idea “rule of law” of public servants in the West is discussed historically involving the connotation of their ideas. It is found that the idea “rule at someone's discretion” is still prevailing in China's public servants as a whole with the legal instrumentalism kept stubbornly, though the idea “rule of law” has been advocated for long. The fact implies that the idea “rule of law” has been distorted to a certain extent in China's public servants because of lack of proper systematic supervision. How to adopt further and consolidate the idea “rule of law” in China's public servants is thus explored, and the answers are mainly to make clear the idea of the supreme authority of law, to follow the principle of procedural justice, to educate and examine effectively the public servants in legal knowledge especially to absorb legal professionals into governmental authorities.