基本公共服务均等化法治体系建构与民生底线保障

Legal System Construction for Equalization of Basic Public Service and Minimum Guarantee of People's Livelihood

我国目前基本公共服务均等化法治体系存在着法治精神缺位、法律制度缺位、效率效能缺位和社会参与机制缺位等四个方面的弊端,产生这一现象的重要原因是我国的基本公共服务均等化法治体系建构不完善。文章深入剖析了我国基本公共服务法治体系缺位而导致基本公共服务出现异化的内在机理,在借鉴美国经验的基础上,提出保障民生底线的路径是彰显良法善治,建设法治政府;建构科学的法治体系,制定《基本公共服务法》;夯实政府首责义务,明确政府兜底责任;加强政府监管,推进公共服务社会参与,从而实现基本公共服务均等化的法治体系建构,为守住民生底线提供法治保障。

In terms of the legal system for equalization of basic public services, China is now facing the following four shortages： lack of rule of law, lack of legal system, lack of efficiency and effectiveness, and lack of community participation mechanism. The reason for these is the incomplete legal system construction for equalization of basic public services. This paper analyzes in--depth the internal mechanism of the alienation of basic public services caused by the lack of rule of law. By taking U.S. experience as a reference, this paper offers solutions to guarantee the minimum of people＇s livelihoods. That is to manifest fine laws and good governance and to build a government of rule of law, to construct scientific legal systems by setting up Basic Services Law, to consolidate government primary obligations and define government accountabilities and responsibilities, and to strengthen government supervision and push on community participation in public services. Through these solutions, the writer believes that the goals of building a legal system for equalization of basic public services and maintaining the legal guarantee for the minimum of people＇s livelihoods can be achieved.