社会管理创新的行政法治之维

建设法治政府、服务型政府是加强与创新社会管理的重要内容,而依法行政则是现代法治国家的政府奉行的一项基本准则。我国的依法行政原则从提出到实践时间虽然不久,但在建设法治国家和构建和谐社会的进程中已取得了可喜的成就。与此同时,依法行政在实践中仍然存在着一些亟待解决的问题。对依法行政原则在行政立法与行政执法实践中存在的主要问题进行分析,并从提高行政立法的公众参与程度、规范行政主体和行政执法人员的资格、促使行政权力公开运行以及加强行政监督等方面提出了一些建议。

Perspective of rule of administrative law of social management innovation

To construct service-oriented government under the rule of law is the important contents of strengthening and innovating social management, and administration according to law is a fundamental principle pursued by the government of modern countries ruled by law. Though it is not long from the proposal of the principle of administration according to law to its practice in China, gratifying achievements have been acquired during the process of constructing a country ruled by law and establishing a harmonious society. At the same time, some existing problems have to be solved urgently during the practice of administration according to law. The main existing problems are analyzed of the principle of administration according to law during the practice of administrative legislation and administrative enforcement of law, and some suggestions are proposed from perspectives of improving the level of public participation in administrative legislation, standardizing the qualification of administrative subject and administrative law enforcement personnel, promoting the open operation of administrative power, and strengthening the administrative supervision.