服务型政府:法治政府从合法律性向合法性之升华

SERVICE-ORIENTED GOVERNMENT: SUBLIMATION OF A GOVERNMENT BY LAW FROM BEING A GOVERNMENT IN LINE WITH THE LAW TO A LEGAL GOVERNMENT

服务型政府是现代法治政府突出实质平等价值,强调平等保障与促进公民社会权,以及由之引发的职能转变和行政方式变革的逻辑结果,是法治政府从合法律性向合法性的升华。认为服务型政府是法治政府推进人权保障的客观要求,是法治政府转变政府职能要求使然,是法治政府转变行政方式的趋势所致。

Service-oriented government refers to a modern government that highlights the values of substantive equality, stresses equal protection and promotion of the social rights of citizens with changes in function and administrative mode as a logical result, which is sublimation of the government from one in line with the law to one that is legal. The article believes that service-oriented government is an objective requirement for govern- ment by law to promote human rights protection and therefore the government must transform governmental functions and administrative mode.