权责统一:责任型法治政府建设的基本思路

The Unity of Power and Responsibility:the Basic Thinking of the Construction of Responsible Rule-of-law Government

权责统一是全面推进依法行政和法治政府建设中持续推进的制度目标,其提出和最终确立也显示了中国责任型法治政府建设的需求。权责一致需要彰显责任对权力运行的辅助推进功能,但不能仅仅局限于权责清单的表面落实。对权责一致的落实,应该有充分的类型化总结与情形列举,从决策执行的不同权力架构中确立责任定位,决策层与执行层都有着相对独立的担责情形,已经成为目前国家责任科处中的一种普遍趋势。为强化权责统一原则的推行,应从理念上强调机构编制法定化的新型执法理念。权责统一的严格推行,实际上也是进一步建构法理型统治的具体表现。同时强调宪法责任的引领和落实,区别于政治责任,并对责任进行体系化处理。

The unity of power and responsibility is the system goal of comprehensively promoting the administration according to law and the construction of the responsible government under the rule of law.The unity of power and responsibilities needs to highlight the auxiliary function of responsibilities to power operation,but it cannot be limited to the superficial implementation of the list of power and responsibilities.For the implementation of the same power and responsibilities,there should be a full type of summary and case enumeration,and the responsibility positioning should be established from the different power structures of“decision-making-execution”.The decision-making level and the executive level have relatively independent responsibilities,which has become a general trend in the current national responsibility section.In order to strengthen the implementation of the principle of the unity of power and responsibility,we should emphasize the new concept of law enforcement that the establishment of institutions is statutory.The strict implementation of the principle of the unity of power and responsibility is actually a concrete manifestation of the further construction of legal rule.At the same time,it emphasizes the guidance and implementation of constitutional responsibility,which is different from political responsibility,and systematically deals with the responsibility.