基层政府推进依法行政的成效与问题分析

An Analysis of Accomplishments and Problems of Administration according to Law Propelled by Governments at Grassroots Level

近年来,基层政府推进依法行政成效显著,但也存在诸多问题,主要体现为:在观念和思想意识上,法治观念虽然有所增强,但是人治观念仍根深蒂固;在行政管理体制上,权与利交易没有从根本上得到遏制,权与责挂钩没有真正实现,依法行政推进工作组织力量薄弱;在行政管理机制上,促进基层政府依法行政的激励机制和惩戒机制均没有完全建立,导致基层政府没有将依法行政真正摆上重要地位;在行政管理制度上,仍存在很大漏洞,给滥用权力提供了条件。这些问题形成的原因在于:行政权力的行使受制于市场经济体制完善和政府职能转变的进程;行政权力的行使直接依赖于行政管理体制改革的进程;对行政机关,特别是对领导干部考核机制和监督制度不健全、不完善,导致行政机关、领导干部依法行政积极性不足;部分行政管理法律制度设计不合理,难以切合我国现实国情,导致实践中难以做到依法行政。

In recent years, governments at grassroots level have made great accomplishments in propelling administration according to law, yet there are still problems as follows, as to ideology, the conception of ruling of law has enhanced but that of ruling by men still roots deep ; in light of the management system of administration, the illicit activities of power exchanged for interest have not been effectively crushed while the corresponding relation between power and liability has not been established, resulting in lack of organized forces to propel administration according to law. As to the management mechanism, rules of incentive and punishment are still not adequately established so that governments at grassroots level do not give priority to administration according to law ; moreover, lots of loopholes exist in the management system, tending to power abuse. The above mentions problems attribute to the facts that, the administration power is exercised subject to the perfection of market economy and the transformation of government function and it directly depends on the reform process of the management system. The supervision on administration organizations, particularly the leaders is far from perfect, resulting in their lack of positivity of administration according to law. Some legal rules of administration management are not devised rationally and fail to conform to the actual situation of our country, making it unfeasible to practice administration according to law.