论“服务型政府”在行政法上的定位

On the Position of the "Service Government" in Administrative Law

作为"坚定不移发展社会主义民主政治"的重要一环,党的十七大提出了"加快行政管理体制改革,建设服务型政府"的重要命题。"服务型政府"可以有许多不同的视点和维度。从行政法的角度来理解"服务型政府",同样存在诸多不同的层次和阶段,其基本内涵和外延也呈现出诸多不同,不宜一概而论。在行政法上,"服务型政府"并非法的概念,而是一种价值导向理念。它不仅指导以狭义的"服务"等给付为其职能的政府,而且还指导以惩处、强制等规制为其职能的政府。它要求政府坚持依法治国基本方略,"权责一致、分工合理、决策科学、执行顺畅、监督有力",为人民提供高效、优质的服务,保障国家和社会公共利益,尊重和保障公民合法权益。推进法治政府的建设,是"建设服务型政府"理念的最好体现。

As an important part of＂ developing socialist democratic politics firmly＂, the 17th National Congress of the Communist Party of China made an important topic that＂ to speed up the reform of the administrative system and build a service government＂. ＂Service government＂ has many different dimensions and perspectives. From the view of administrative law, there are also many different levels and stages to understand it. Its intention and extension also show many differences,and should not be discussed in an indiscriminating manner. In administrative law,＂ service government＂ is not a statutory concept,but a value - oriented idea. It is not only to guild the government taking the narrow＂ service＂ as its function, but also the one taking punishment, enforcement and so on as its functions. It asks the government to adhere to the basic strategy of governing the country according to law, ＂the integrity of the authority and responsibility, the reasonable division of labor, the scientific decisionmaking, the smooth implementation, the effective supervision＂ ,to provide efficient and quality services to the people, to protect national and public interests, to respect and protect the legitimate rights and interests of citizens. Promoting the government of the rule of law is the best reflect of the concept of＂ building a service government＂.