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党的十五大报告首次提出,“依法治国是党领导人民治理国家的基本方略”。实施这一方略,是适应社会主义市场经济发展的需要,也是促进社会文明进步和维护国家长治久安的需要。在实践中认真贯彻依法治国的方略,首要前提是必须依法行政。因为,依法行政不仅是依法治国的有机内涵,而且依法行政是通过一定的程序将日常的、琐碎的各项行政行为,以其依法行使的形态,将党和国家依法治国的方略具体地体现出来。从这一意义上说,依法行政对依法治国方略的贯彻起到保证和促进作用。当前新闻舆论尤其是中央电视台《焦点访谈》经常揭示一些事情,所列问题无不与是否依法行政有关。依法治国,必须先依法行政。怎样才是依法行政?从法律角度阐述,依法行政的首要前提是受法律约束。具体要求是:(1)行政机关权力的来源,必须
The 15th National Congress of the Communist Party reported for the first time that “governing the country according to law is the basic strategy for the party to lead the people in governing the country.” To implement this strategy is to meet the needs of the development of a socialist market economy and to promote the progress of social civilization and safeguard the long-term peace and order of the country. In practice, to conscientiously implement the strategy of governing the country according to law, the most important prerequisite is that we must administer according to law. Because, according to law, administration by law is not only an organic connotation of governing the country according to law, but administration by law means that daily and trivial administrative actions are carried out through certain procedures in a manner that they exercise according to law and concretely reflect the party’s and state’s strategies for governing the country according to law . In this sense, administration by law provides a guarantee and a boost for the implementation of the strategy of governing the country by law. The current news media, especially the “focus interviews” of CCTV, often reveal some things. All the listed issues are related to whether or not they should be legally administrated. To govern the country according to law, we must first administer affairs according to law. How is the administration according to law? From the legal point of view, the premise of administration by law is subject to the law. Specific requirements are: (1) the source of power in the executive must,