举报执法的法治衡量

Legal Measurement on Reported Law Enforcement

法治衡量举报执法发现诸多问题:法治价值有难题,法治方向有偏移,法治运行有路障,法治目标有异化,法治路径非程序。有效性价值是考核判断标准,法治合法性和道德合法性构筑整体架构,自然法价值是原始基因,程序价值是法定步骤,行政构成和行政价值成为技术要素,执法衡量为外观终点。所以,举报执法宏观上难以坚持法治立场和紧随依法治国的法治步骤,中观上难以规范依法执法和促进主动行政执法,微观上难以提供合法、合理和合情根据,价值上难以蕴涵行政法治精神和构建现代道德善良体系。

Legal measurement on reported law enforcement finds variou＇s kinds of problems： problems con- cerning the value of rule of law, deviation of the direction of rule of law, barriers in the operation of rule of law, alienation in the goal of rule of law and non - procedure in the path of rule of law. Effective value is the criterion of judgment. Legality of rule of law and legality of morality constitute the main structure. Value of natural law is the primitive gene. Value of procedure is legally prescribed. Administrative constitution and value are technical el- ements. Legal measurement is the end of external judgment. Therefore1 reported law enforcement has problems in various ways. Macroscopically speaking, it is difficult to adhere to the standpoint of rule of law and follow the steps of rule of law. Microscopically speaking, it is difficult to provide legal, rational and sensible grounds and its value can not meet the requirement of administrative law enforcement and the construction of modern morality system.