从“依法行政”到“法治政府”——对国务院法治政策及其执行状况的考察

From Administration in Accordance with the Law to Law-based Government

最近十多年来,为了贯彻落实执政党"依法治国"的基本方略,国务院的法治政策经历了从"依法行政"到"法治政府"的转变。这个转变意味着政策目标和政策手段的相应改变:依法行政要求政府及政府公务人员遵纪守法,保证政府行为于法有据;而法治政府要求政府更加积极地提供公共服务,保障公民权利。但研究国务院出台的政策文件以及地方政府的执行状况发现,中央以及省级政府对于法治政策执行的考核方式并没有适时做出相应调整。"依法行政"的考核指标和考核方式不能完全适用于"法治政府"建设目标,要围绕"法治政府"的要求制定新的地方政府的考核标准和激励方法。

In the past ten years, in order to implement the ruling party＇ s basic strategy of rule of law, State Council＇ s policy for the rule of law have been changed from administration in accordance with the law to law-based government, which means that policy objectives and policy instruments should be changed accordingly： administration in accordance with the law requires government and oglcials abide by law and discipline and ensure administrative act full compliance with the law while law-based government requires government provide pubhc services and protect civil rights in a more active way. By investigating policy documents of State Council and status of implementation of local governments, we can find that the central and provincial governments didn＇ t adjust timely assessment methods for implementing the policy of rule of law. Based on a discussion of the change in State Council＇s policy for the rule of law, this paper holds that new assessment criteria and drive mechanism for local governments should be set according to the requirement of law-based government since the assessment criteria and methods of administration in accordance with the law can＇ t be fully applicable to law-based government.