由人权保障原则看人本政府的构建

On Building Human-oriented Government from the Perspective of the Principle of Human Rights Protection

人权保障是近现代民主法治国家的宪政原则。人权保障的主张萌芽于古希腊,文艺复兴时期其思想体系才得以最终确立,作为一项政治原则,被近现代以后各国宪法普遍确立。由人权保障的宪政原则必然演绎出人本政府的要求,人本政府要求政府必须强化公共服务职能。从管理学角度讲,要实现政府身份的转变,要界定政府的职能范围,要把握政府服务内容,要注重政府服务绩效,要打破政府公共物品供给的垄断性。从法学角度讲,政府要构建成有限政府、正当程序政府和责任政府。

Human rights protection is a constitutional principle of modern democracy and legal country. As a political principle, the thought of human rights protection was formed in the era of ancient Greece and ancient Rome, was ripened in Renaissance and was stipulated by Constitutions of modern states. The constitutional principle of human rights protection requires human-oriented government to strengthen the function of public service. Form a perspective of management research, it is necessary to change government status, to delimit government function, to grasp the content of government services, to focus on performance of government services and to break the government＇s monopoly of public goods supply; Form a perspective of law, it is necessary to build a limited government, a government with due process and a responsible government.