构建良法善治的三权分工体系

On the Construction of a Separation System of the Three Powers by Good Law and Governance

推进全面依法治国,建设法治中国,实现国家治理现代化,应当从顶层设计和理论与实践的结合上,加强对三权分工体系的研究。在党和国家政治生活中,实际上存在决策、执行、监督三种政治功能,存在决策权、执行权、监督权三种公权力。三种权力的分工、功能、职责、运行方式等不尽相同,但它们是一个不可分离、相辅相成的有机整体。在推进国家治理现代化进程中,应当构建相互协同、彼此制约、共同担责的三权分工体系,形成“一损俱损、一荣俱荣”的良性循环机制,使三权运行能够发生良法善治的“化学反应”。

In order to push forward the administration of the country according to the law,to build up a country by the rule of law,and realize the modernization of state governance,it is necessary to strengthen the study of the division system of the three powers from the top-level design and the combination between its theories and practice.In the political life of the Party and the country,there exist such three political functions as decision-making,execution and supervision,namely such three public powers as decision-making power,execution power,and supervision power.The separation,function,responsibility and operation methods of these three powers are various,but they form an organic whole which is inseparably supplementary to each other.In the process of pushing forward the modernization of state governance,therefore,it is necessary to cultivate a separation system of the three powers,which is mutually coordinative,restrictive,and responsible,thus forming a virtuous cycle mechanism of“interaction between success and failure”and creating a kind of“chemical reaction”in the operation of the three powers according to good law and governance.