潜规则探源及对策思考

A Study on the Root of Underlying Rules and Reflection on the Countermeasure

潜规则在我国源远流长,它是权力腐败的载体。中国古代高度行政集权的君主专制制度和等级森严的官僚层级制度是潜规则发生的根源,而中国特有的儒家文化思想和民族性格的劣根性客观上对“潜规则”的肆虐起了推波助澜的作用。处在转型时期的中国,由于以下放权力为导向的行政体制改革不完善,使得潜规则的蔓延并未得到有效控制。因此,只有加强权力监督,培育并壮大行政监督主体的力量,同时在民众中加强法律意识,才能最大限度地杜绝潜规则。

Underlying rules, which is a cartier of corruption, date back to ancient times in China. They are the outcomes both of feudal autarchy system which is highly centralized administrative power and the forbidden hierarchy of bureaucratic system, and China＇s Confucian culture and ideology, as well as its disadvantages in its national character objectively helps the underlying rules spread among the people of China. During the period when China is shifting the model, the spreading of underlying rules has not been controlled effectively, because the reformation of the administration system, which is oriented to transfer the power to a lower level, has not been successful completely. Accordingly, only through strengthening supervision of the power, cultivating and enhancing the power of the principal part of the administration supervision, as well as the spread of the spirit of jurists among the public, can we put an end to underlying rules to the maximum.