行政法视域下发展型民生问题的立法解决之道

The Legislative Solution to the Developmental Livelihood Problems from the Perspective of Administrative Law

新时代背景下我国民生呈现出以发展型民生为主,向发达型民生过渡的样态。在依法治国的大环境中,我国的民生问题和行政立法脱节严重,导致关键领域的民生立法存在空白、立法重心偏颇和民生立法缺乏体系性。行政法领域的民生立法和服务型政府的建设是民生发展之双翼,具体来说,政府需要正视自己的服务者角色,适用良法达到民生领域的善治,同时应从民之生养、民之安全和民之尊严等基本领域进行体系性的民生立法。

Under the background of the new era,the people’s livelihood of our country presents a pattern of transition from developing to developed people’s livelihood.In the context of the rule of law,the people’s livelihood issues in China are seriously out of step with the administrative legislation,resulting in blank legislation in key areas,biased legislation focus and lack of system.The legislation of people’s livelihood in the field of administrative law and the construction of service-oriented government are the two wings of the development of people’s livelihood.Specifically,the government needs to face up to its role as a service provider,apply good laws to achieve good governance in the field of people’s livelihood,and make systematic legislation on people’s livelihood in such basic areas as the birth and raising of the people,the safety and dignity of the people.