论全面依法治国视域下的行政法治——以1993年到2015年《政府工作报告》为分析线索

On the Administration Ruled by Law from the Perspective of Comprehensive Rule of Law——Take the “Government Work Report” from 1993 to 2015 as Analysis Leads

在依法治国的历史进程中,依法行政居于重要地位。自1993年"依法行政"被首次写入中央《政府工作报告》以来,"依法行政"的理论与实践无不贯穿其中。通过分析《政府工作报告》中"依法行政"的相关论述可以观察到我国行政法治的发展经历了从"无法可依"到"有法可依",从"以法行政"到"依法行政"的演进历程。党的十八届四中全会提出全面推进依法治国,明确要求"深入推进依法行政,加快建设法治政府"。由此,我国的依法行政必将迈向新常态,行政法治也需要实现从"形式法治"向"实质法治"的转变。

In the historical process of rule of law,administration according to law has very important position.Since 1993, in which year ＂administration according to law＂ has been first written into ＂Government Work Report＂ , the theory and practice have been always through it.Through analyzing the relevant argument about ＂administration according to law＂ in ＂Government Work Reports＂ we could see that Chinese administration under rule of law has been through the revolution process：from state of ＂there are no statutes to apply＂ to ＂there are laws to abide by＂;from ＂administration instead of laws＂ to ＂administration according to law＂.Chinese communist party has proposed ＂comprehensive rule of law＂ in the fourth plenary session of 18th central committee,which clearly requires ＂furthering promoting the administration by law, to speed up the construction of the government under the rule of law＂.Thus administration according to law will move forward to a new normal,and Chinese administration under rule of law has to realize the transformation from ＂formal rule of law＂ to ＂virtual rule of law＂.