行政管理体制创新的法治困境与维度

Dimension and Plight of the Rule of Law for Administrative Management System Innovation

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,既是执政党新时期对广大干部法治实践提出的新要求,也是实现行政管理体制创新的法治视角。目前行政管理体制创新仍面临基本法律制度保障不足、形式法治与实质法治边界难以厘定、社会法治环境缺失等诸多的法治困境,摆脱困境的基本途径就是要坚持体制创新的法治维度。以法治思维的外在维度为约束摒弃一切非法治思维;以法治思维的内在维度为约束,保持形式法治思维的相对优位;以法治思维的综合维度为约束,构建以合法性为思维支撑、以合理性为思维导向、以合目的性为必要保障的行政管理体制创新框架。

It is not only the ruling party＇s requirement that the leading cadres practice the rule of law during the new period, but also a fresh perspective of realizing administrative management system innovation that the leading cadres improve their abilities to deepen reform, promote development, resolve conflicts, and maintain stability. The administrative management system innovation is faced with much plight of the rule of law, such as lack of basic legal protection, difficulty to determine the boundary between the formal law and substantial law, the absence of the social environment and so on. The basic way out is to adhere to the innovational dimension of the rule of law. The linear dimension of legal thinking as a constraint requires the abandonment of illegal thinking; The plane dimension of legal thinking as the second constraint requires to keep the thinking of the formal rule of law relatively prior; and the three-dimensional thinking of the rule of law as the third constraint requires the construction of new framework of the administrative management system with legality, rationality, and purposiveness.