依法执政与“潜规则”

COME INTO POWER BY LAW AND POTENTIAL REGULATIONS

执政潜规则是指不属于正式法源、不为社会公众所知悉而事实上存在于国家民主政治生活中,并在执政的过程中发挥着实质作用的一类行为规范。潜规则的产生有历史文化传统的惯性、法律缺位、成文法固有的缺陷、利益主体多元化等客观原因和法律观念淡薄、执政理念错位等主观原因。潜规则可以提高执政效率和弥补成文法的不足,但又有缺乏公开性、产生随意性、难以监督和缺乏国家强制力等不足。评价潜规则要采用实事求是、一分为二的原则,即发挥其有利之处,又要对其弊端采取缩短立法周期、提高立法质量、加强监督、增加透明度和加强法制教育等措施加以改造。

Potential regulations in administration are series of code of conduct that it does not belong to formal source of law and doesn＇ t be noticed by general public, but in fact, it exists in the system of democracy and legislation within our country. The raised causes of potential regulations include some objective causes, such as the inertia of history and culture, lack status, inherent defects of written law and plurality of interest group. It also has some subjective causes that include lack of law awareness and dislocation of concept that come into power. Potential regulations are help for improving the effective of coming into power and remedy the defect of written law. But it also has some disadvantages, such as, lack opening, raising at will, difticult to supervise and lack coercive force of he sate. We must stick to evaluating potential regulations from the principle that be practical and realistic and one divides into - everything has its good and bad sides. It needs us to use its advantages and correct its disadvantages. The way include shorting the period of legislation, improving the level of legislation, enhancing the supervising, strengthening transparency. enhancing legal education.