引咎辞职的法理解读——兼谈引咎辞职法治化的路径选择

An Nomological Analysis of Resignation——And on the Resolution Selection of Making Resignation Ruled by Law

"可问责政府"的理念在中国的法治政府建设中已得到全面推行。行政领导者不再仅仅是问责的主体,而是成了被监督、被问责的对象,行政领导者通过引咎辞职维护了政府的整体形象和政府存在的民意基础,体现了"有权必有责、用权受监督"的理念。但是在国外作为一种政治惯例的引咎辞职,在引入我国实现本土化的过程中产生了诸多问题。从法理学的角度探讨引咎辞职与我国的依法治国之间的关系,并尝试从依法治国的角度为引咎辞职的法治化提供一个目标模式也许不失为一种有益的尝试。

On March 5, 2006, in his government work report on the Fourth Session of the Tenth National People＇s Congress, Premier Wen Jiabao said, ＂ We will establish and perfect the administrative accountability system, and improve the implementation capacity and credibility of our government. ＂ The concept＂ accountable govern- ment＂ has been fully carried out in the construction of Chinese government ruled by law. Executive leaders are no longer only the main body of accountability, whereas they become the objective being supervised and accountable. Through resignation tl＇iey maintain the entire image and public will base of the government as well as embodying the idea that ＂rights come along with responsibility under supervision＂. However, many problems occur when resignation, a political tradition in foreign countries, enters China. It is a good attempt to discuss about the relations between resignation and our ruling the country by law from the perspective of jurisprudence, and provide a target pattern for the legalization of resignation as well.