我国法治政府建设的困境与可行性路径探析

The Dilemma and an Outlet of the Construction of Government under the Rule of Law in China

党的十八大和十八届四中全会明确提出要加强法治政府的建设,在法治政府建设过程中,我们面临的挑战主要有:公民和政府公职人员的法律信仰和法治意识的缺失;行政立法和行政决策尚未实现科学化、民主化和法治化;行政执法不严格、自由裁量权没有加以很好地规范;司法机关的审判权未能独立行使、没有很好地实现司法权对行政权的监督等。就我国的现状而言,要建成法治政府应采取以下几方面的措施:将公职人员的思想观念从人治思想的桎梏中解放出来,树立法律信仰和法治意识;进一步建立和健全行政决策程序和责任追究的法律法规;建立行政执法责任制对行政执法的自由裁量权加以规制;深化司法体制改革,确保法院能够独立审理行政案件以此制约行政权力的滥用。

The 18 th session of congress of the communist party of China and fourth plenary session of congress put forward to strengthen the construction of government by lawclearly. In the process of the construction,the challenges which we face mainly include： most citizens,especially the civil servants lack of legal faith and the rule of lawconsciousness; administrative decision—making is not scientific and democratic enough; administrative lawenforcement is not strict,at the same time the discretion in enforcement is not regulated properly; jurisdiction is not independently exercised; and executive pow-er is not properly supervised by judicial power. As far as China is concerned,in order to achieve the goal of construction of the government ruled by law,we must try our best to solve the problems in the following aspects： to require the civil servants to set up the legal faith and the rule of lawconsciousness;to improve administrative decision—making procedures and accountability; to regulate the discretion of the administrative lawenforcement; to deepen the reform of the judicial system and ensure that the court can handle independently administrative cases to restrict the abuse of administrative power.