依法行政的德性要求及其现实观照

Virtue Requirements of Administration according to Law and the Reflection of Reality in China

政府的组织德性的存在必然产生与之相应的依法行政的德性要求,依法行政的德性要求是对政府的组织德性的抽象见之于具体的响应和表征。政府的组织德性的核心和灵魂在于德性正义,在当下中国与之相应的依法行政的德性要求突出表现为"严格、规范、公正、文明"。尽管依法行政的德性要求对推进依法行政的指导作用具有普遍性,但具体到我国依法行政现状,合法行政要更加突出严格、程序正当要更加突出规范、合理行政要更加突出公正、诚实守信要更加突出文明,而权责一致是我国依法行政的薄弱环节和关键症结,在当下不仅要突出"严格、规范",而且要突出"公正、文明"。

The existence of the organizational virtue of the government must produce the corresponding moral requirement of the administration according to law, the moral requirement of the administration according to law is characterized and in abstract response to the existence of the organizational virtue of the government. The heart and soul of the organizational virtue of the government is the justice of virtue, at present in China the outstanding performance of the moral requirement of the administration according to law corresponding to the justice of virtue is ＂ rigidity, standardization, impartiality and politeness＂. Although the guidance of the moral requirement of the administration according to law for promoting the administration according to law is ordinary, but specific to the status of the administration according to law in China, the legal administration highlights more rigidity, the procedure highlights more standardization, the reasonable administration highlights more im- partiality, the integrity highlights more politeness, and the agreement of the powers and responsibilities is the weak links and key problem of our Chinese administration according to law, at present it not only highlights the rigidity and standardization, but also impartiality and politeness.