领导干部法治思维运用能力的现状及提升对策

The Status Quo of Leading Cadres' Thinking of Rule of Law and the Corresponding Improvement Countermeasures

十八大报告提出"法治思维"、"法治方式"的概念,要求"提高领导干部运用法治思维和法治方式深化改革、推动发展、化解矛盾、维护稳定能力"。法治思维是一种底线思维、规则思维、权利思维、契约思维,具有合法性、民主性、程序性、限权性、透明性的特征。提升领导干部运用法治思维能力是法治社会最基本思维模式的必然要求、是改革发展的必然要求、是实现国家治理体系与治理能力现代化的必然要求。在社会治理视角中坚持法治思维需要对领导意志扭曲法律执行、法外利益与纠纷解决、公权力过于强势、重结果轻程序思维传统进行反思。提升领导干部法治思维的运用能力,可采取培养广大领导干部的法治素养、构建增强领导干部运用法治思维能力需要的外部环境等对策。

In the report of the Eighteenth National Congress of the CPC,it is required to“improve the abilities of leading cadres to deepen reform,promote development,resolve contradictions,and maintain stability with the thinking of rule of law and by methods of rule of law.”The thinking of rule of law is a kind of thinking based on baseline,rules,rights and contract,and it is characterized by legitimacy,democracy,due procedure,limited pow-er,and transparency. To improve leading cadres’abilities to use the thinking of rule of law is a necessary re-quirement of the basic thinking mode of a society under the rule of law,a necessary requirement for reform and development ,and a necessary requirement for realizing the modernization of the state governance system and gov-ernance capability. To persist in the thinking of rule of law in social governance,we need to reflect on the bad traditions of thinking,such as leaders’will distorting the execution of law,solving interest disputes beyond law, highlighting public power excessively,emphasizing outcomes more than procedures,etc. To improve leading ca-dres’abilities to use the thinking of rule of law,we can take measures such as cultivating their qualities in rule of law,building an external environment required for improving their abilities to use the thinking of rule of law, and so on.