基于权力法治的廉政治理体系研究

The Research on Power Based on the Rule of Law and the National Integrity Governance System

法治可以区分为权力法治与权利法治。权力法治的本质是对国家权力的限制;而权利法治的本质是对公民权利的保障。权力法治与权利法治是相辅相成的,权力法治限制国家权力的根本目的是为了保障公民权利,进而实现权利法治。权力法治遵循控权优先和效率保证两个基本原则,其过程内含着三种控权的法治逻辑:良法控权、多元控权和分类控权。权力法治是实现国家廉政"治本"的根本路径,是国家廉政治理体系的制度基础和法理依据。权力法治的核心要义、基本原则和控权逻辑约束指导着国家廉政治理体系的制度安排。国家廉政治理体系是权力法治原理派生的廉政制度形式,是对权力法治的制度性回应。这一制度体系在廉洁和效率双重目标的约束下,需要建立良法治理、多元治理和分类治理。

Power restriction and right guarantee are the key problems of power based on the rule of law, which gives high priority to power control and efficiency guarantee. There are three inner logics of power based on the rule of law, which are restricting power by good law, multiple subjects and clear classification. The power based on the rule of law is an institutional basis and legal foundation of the National Integrity Governance system （NIGS）. The institutional arrangement of NIGS is constrained and guided by the definition, principles and the inner logic of the power based on the rule of law. The building of NIGS should develop good law governance, multiple subjects governance and governance classification so as to strike a balance between integrity and effi- ciency.