应急性对口支援的制度检视与法治进路

The View of System and Legal Optimization of Emergency Counterpart Assistance

应急性对口支援是一项富有中国特色的制度实践,其历史演进与国家力量的推动密切相关,并已具备初步的合法性依据。应急性对口支援具有国家整合的诉求表达和实践效应,并由党统合全局、政府间整合、行政吸纳社会的整合机制构成其运行的核心方略。但与之相应的是,在全面依法治国的审视之下,应急性对口支援仍然存在制度和程序缺失、权责配置失范、社会参与乏力的突出问题。应通过从政治动员到法律治理的制度建构、从指令配置到法治调适的关系重塑、从行政运作到多元协同的增效赋能等途径和方式优化其制度实践,以回应应急治理体系纵深发展的需要。

Emergency counterpart assistance is a practice of system with Chinese characteristics.Its historical evolution is closely related to the promotion of national power,and has a preliminary basis for legitimacy.Emergency counterpart assistance has the appeal and effect of national integration.The core strategy of its operation is the national integration mechanism composed of the overall situation integrated by the CPC,intergovernmental integration,and administrative absorption of society.But correspondingly,under the scrutiny of the“comprehensively implement the rule of law”,it still has outstanding problems such as lack of systems and procedures,dislocation of power and responsibilities,and weak social participation.In this regard,it is necessary to realize system construction from political mobilization to legal governance,to reshape inter-governmental relations from order allocation to legal adjustment,and to improve effectiveness from administrative operation to multiple coordination,so as to meet the needs of the in-depth development of the emergency governance system.