政府创新与依法行政的张力及平衡

The Tension and Balance between Government Innovation and Legal Administration

在理论与现实层面,政府创新与依法行政之间存在固有的内在张力,具体表现为创新求变与法治求稳之间的矛盾。对政府创新途径的不同认识导致了"创新—法治"张力表现机制的差异,创新与守法均存在正效应与负效应,不同效应的叠加组合构成了分析"创新—法治"张力的基本约束条件。对此,可以通过强化法治权威,推进纵向府际关系法治化;加强顶层设计,探索性改革中适度实践修正;维护基本法治,在法治框架下开展地方政府创新;规范创新行为,兼顾合法性、合理性与正当性有机统一等手段实现政府创新与依法行政的动态平衡。

On theoretical and practical level, there exists inherent tension between government innovation and legal administration, manifested as the contradiction between innovations for development and the rule of law for stability. Different ways to know government innovation leads to different manifestation of the＂innovation-rule of law＂tension. Innovation and observation of law both have positive effects and negative effects. The superimposed combination of different effects constitutes basic constraints to analyze ＂innovation-rule of law＂ tension. To address the issue, we can take following measures： we can promote legalization of vertical intergovernment relations through strengthening the rule of law; we can strengthen top-level design and make proper amendments in reform; we have to maintain the rule of law and carry out government innovation at local level under the framework of law; we also need to regulate innovation, seeking a balance between government innovation and legal administration in a legal, reasonable, and proper way.