从现代法治视角看政府管理创新——关于行政革新的态度、方向与界限之管见

Innovation of Administrative Management and Construction of Government Ruled by Law

当下我国行政管理新举措层出不穷且争议甚多,可从几个方面加以观察和评价:一是,诸多典型案(事)例暴露出严重的观念滞后问题,必须克服戴旧眼镜看新事物的现象;二是,内容丰富的行政管理改革创新是在宏大复杂的背景下进行的,最主要的背景因素是经政改革的深化和科技革命的影响;三是,我国行政管理改革创新的动向,是以人为本前提下走向柔性管理、高效管理和方法创新,重点是行政管理方式方法的创新发展,相对而言这是成本低、风险小、效率高、成效稳健、易达共识的路径选择;四是,行政管理改革创新应坚持法治原则和实践标准等基本界限,防止借创新之名行营私之实。关键在于要以法治和发展的眼光来看待、以宽容和冷静的心态来对待当下的行政管理新举措及其争议。学者们从观念更新与制度创新的角度,就我国行政管理革新提出的基本态度、基本结论和基本建议,值得关注和研究。

Currrently, there are numerous new emerging administrative management methods full of debates, which can be observed and judged from the following aspects： firstly, many typical cases reflected the serious problem of lag of notion, so we must overcome the phenomenon of looking at new things with old glasses. Secondly, rich reform and innovation of administrative management is carried out in the magnificent and complicated backgound, the most predominant of which is the deepness of economic and political reform and the influence of science and technology reform. Thirdly, the trend of reform and innovation of administrative management in our country is soft management, high, efficiency management and innovation of methods in the premise of human oriented, the keyof which is the innovation and development of methods and ways of administrative management. In comparison, it is a low-cost, low-risk, high-efficiency path choice which can acquire steady effect and common agreement easily. Fourthly, reform and innovation of administrative management should follow the fundamental limitations including the principle of rule of law and the standard of practice and so forth in order to prevent seeking for the private interest in the name of innovation. The critical point is to look it on with the sight of rule of law and development and trot the new methods and debates with the tolerant and calm attitudes. It is worthy of paying attontion and studying the basic thoughts, basic results and basic suggestions scholars bring up in the view of renewal of notion and innovation of systems.