论依法行政

【作者】 李小芳；

【导师】 郑志龙；

【作者基本信息】 郑州大学 ， 行政管理学， 2004， 硕士

【摘要】 依法行政是依法治国基本方略的重要组成部分，也是建设社会主义法制国家的必然要求。依法行政是指各级行政机关在行使国家行政权力和管理国家公共事务过程中，必须严格治政与依法办事的制度。它要解决的核心问题是在行政立法、执法、守法和法律监督中的权力和权利的分工与制衡，使法律授权与限权，职权与职责相统一，是从全局上、长远上统管一切行政管理上的基本准则。依法行政是历史发展到一定阶段的产物，是随着我国民主与法制建设的发展逐步提出并全面推行的。依法行政是依法治国的难点与重点，它的实现必须具备一定的条件，具体体现在精神、制度和运作三个层面。论文总结了改革开放20多年来我国依法行政的总体情况和基本经验，同时，指出我国依法行政的现状与“依法治国”的要求还有很大差距，还存在一些亟待解决的问题，主要表现在行政立法、执行与监督三个方面，并进一步从宏观上分析了产生问题的原因，认为历史因素、认识因素以及社会客观情况是制约全面推行依法行政，实施依法治国方略的主要因素。针对目前依法行政中产生的一些问题，论文提出了相应的对策。首先，行政观念的变革是克服违法行政的前提条件，通过有效的法制教育使全体人民树立法制观念。其次，完善行政立法是实现依法行政的基础，既要加快立法，做好有法可依，又要注重立法质量，尤其要完善行政程序法体系。第三要转变政府职能，深化行政管理体制的改革，进一步理顺党政关系，建立良好的行政体制。第四，理顺行政执法体制，加快行政制度建设，规范行政行为是依法行政的关键。要建立健全的行政执法制度，加强对政府执法活动的监督。总之，依法行政的实现需要长期观念转变的过程，长期的改革和制度建设的过程，长期的经济文化发展的过程，最终才能实现我国依法治国的方略。更多还原

【Abstract】 Administration by law is an important component of administering the country by law, and it is also the necessary requirement for constructing the legal system of the socialist country. Administration by law refers to it that the various executive branches at different levels, in the process of executing the national executive power and administering the public affairs, must strictly abide by the system of administration by law and dealing with the work according to the law. The key problem to be solved is to check and balance the right and power in executive legislation, executing the law, abiding by the law and supervising the law, thus bringing harmony between the law authorization and law restriction. It is the basic principle for the overall control over all executive administration in a long run. Administration by law, a product at a certain stage in the history, is gradually brought forward and comprehensively put into practice while construction of democracy and administering by law are developed. Administration by law is the key and difficult part of administering the country by law. Its realization has to depend on certain preconditions, which are concretely embodied in three respects: spirit, system and operation. This paper summarizes the overall conditions and basic experience in China since the policy of reform and opening up was adopted over 20 years ago. Meanwhile, it is pointed out that there is a big gap between the present condition in China and requirements for administering the country by law, and there are many problems, mainly in executive legislation, executing the law and supervising the law, that need to be solved immediately. The original reasons for the problems are further analyzed from a macroscopic perspective. The main factors, which curb the comprehensive promotion of administration by law andcarrying out the general plan of administering the country by law, are historical factors, cognitive factors and the objective social conditions. In this paper the counter-measures are brought forward for the current problems of administration by law . First, the reform of the conception of administration is the precondition to overcome the illegal administration, and effective legal education can help to establish the legal awareness in the mind of the general people. Second, consummation of the executive legislation is the basis of administrative execution according to law; legislation must be sped up and laws should available when needed; more attention must be paid to the quality of the legislation, particularly the consummation of the law system of administrative procedure. Third, the relationship between the Party and the administration must be further cleared up and a good administrative mechanism should be established, the functions of the government must be changed and the executive management system must be further reformed. Fourth, the key factors in the administration by law are to rationalize the administrative law enforcement, seed up the construction of adminfstrative system and to regulate the administrative conducts. The system of administrative law enforcement must be established and improved, so that the supervision of the actions of government’s law enforcement will be enhanced. To sum up, it needs a long period to complete the process of transform of conceptions, the process of reform and establishment of systems, and the process of economic and cultural development to realize the administration by law, so that finally the general plan of administering the country by law can be realized.更多还原