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权与法的关系是法治政府建设的核心问题,也是我国行政文化建设中一个十分重要的问题。权与法的理念在我国行政文化进程中大致历经了人治行政、政策行政、法制行政,再向法治行政理念的转变,而当前我国行政文化呈现出“人治”理念与“法治”理念并存的状况,那么,现代法治社会里,培育行政文化,就要求行政主体摒弃“人治”理念,树立“法治”理念,即由对权力的崇拜转变为对法律的信仰、由权力的绝对性观念转变为权力有限思想、由“轻程序”的习惯思维转变为严守程序正义原则、由权责失衡理念转变为权责对等意识、由以法治民观念转变为执法为民理念。
The relationship between power and law is the core issue of the construction of a government by law and is also a very important issue in the construction of administrative culture in our country. The concept of the right and the law in our country’s administrative culture has gone through the process of governing by man, policy administration and legal system, and then changing to the concept of the rule of law. At present, the administrative culture in our country shows the concept of “rule of man” and the “rule of law” In order to foster the administrative culture in modern society ruled by law, we should ask the administrative body to abandon the concept of “rule of man” and set up the concept of “rule by law”, that is, to convert the worship of power into the belief in law from The idea of the absolute power is transformed into a thought of limited power, which is changed from the habitual thinking of “Light Procedure ” to the principle of strict procedural justice, from the concept of unbalanced power and responsibility to the equal right and responsibility consciousness, People concept.