“依法治官”的困境与对策研究——以治理“小官巨腐”现象为例

Dilemma of “Governing Official with Law”and Its Countermeasure: Based on the Example of “Small Official but Great Corruption”Phenomenon

"小官巨腐"是百姓身边的腐败,主要集中在工程建设与拆迁领域,以山头主义与集体腐败方式居多,"能人腐败"是其突出问题。治理"小官巨腐"现象关键在于依法治官。依法治官存在的困境主要有选官管官的法律法规及政策体系不健全、"好官"的考核评价标准操作性不强、基层官员权力的约束机制欠缺、基层官员的监督不力、基层官员腐败成本过低等。走出依法治官困境主要靠法律与制度。要将"选官用官"权力关进法律和党规的笼子,必须完善"小官"选拔与晋升、基层群众参与"选官"等相关法律法规,要用民主监督制度、问责制度、预防腐败制度的笼子,从严管住管好"小官"手中的公权力,从源头和根本上预防、杜绝"小官巨腐"现象。

＂Small Official but Great Corruption＂is the corruption beside the common people. Small official but great corruption＇s main areas are engineering construction and demolition; the main corruption patterns are＂mountain-stronghold mentality＂（ meaning： disunity） and collective corruption; the prominent problem is that the able persons are crrupted.＂Governing Official with Law＂is the key of governing this phenomenon. The dilemmas of＂governing official with law＂are imperfect law and policy system of managing small officials,low feasibility of the assessment standard of good officials,the lack of local official＇s power restraint mechanism,poor local official＇s supervision and over-low cost of breaking laws,and so on. The way out of these dilemmas is to build the legal and regime cage. The ways of putting public power of selecting and employing officials into the legal and party regulation cage are that the perfection of laws and regulations of small official＇s selection and promotion,of grassroots＇ participation of selecting officials,and so on. The ways of putting public power of selecting and employing officials into the regime cage are building the cage of democratic supervision regime,accountability regime and corruption prevention regime to control small officials＇ public power tightly.Building two types of cages to prevent and eliminate the＂Small Official but Great Corruption＂phenomenon at the source radically.