论法治视野下行政权力纵向上的合理配置

On the Rational Allocation of Administrative Power in the View of Rule of Law

行政权力纵向上的合理配置是深化行政体制改革、建设法治政府的一项重要内容,它要解决好两大关键性问题,即财权与事权的统一性问题,集权与分权的平衡性问题。法治化是行政权力纵向上合理配置的基本路径。在法治视野下,行政权力纵向上合理配置的基本思路是:实行行政权力的层级化与法律分权,合理配置财权,建立健全权限争议解决机制。由此形成既有中央权威又有地方活力的纵向权力格局,以促进经济社会的有序运行和科学发展。

The rational allocation of administrative power is an important part of deepening the reform of administrative system and building a government ruled by law. And it will solve two key is- sues, one is the unified problem of financial authority and powers, the other is the balance between centralization and decentralization. The rule of law is the basic path of rational allocation of adminis- trative power. And the basic ideas of the rational allocation of administrative power in the view of the rule of law are that： on the level of executive power and the separation of law, allocating property rights reasonably, establishing a sound mechanism for the dispute settlement. Therefore, it will establish a vertical power pattern containing not only the central authority but also the local energy. Finally, it will promote the orderly operation and scientific development of the economy and society.