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政府信用从政治道德层面上看属自律范畴,而法治社会则乃彰显他律之治的社会。当政府信用失范现象逐渐凸现以致严重影响行政相对人合法权益,仅依靠政治道德自律已不能达到应有的约束之效时,必须借助他律亦即法律手段予以规制———此即政府信用的法制化。我国政府信用的法制化有其内在必要性,应在以宪法为根本依托基础上积极构建政府信用法律制度。建议通过《政府信用保障条例》等立法,尽快将政府信用界限,信用信息记录、考核和激励机制、失信责任等纳入法制化之轨。
Government credit from the political and moral level is a category of self-regulation, while the rule of law is the rule of law to show the rule of society. When the phenomenon of government credit anomie appears gradually so as to seriously affect the legitimate rights and interests of the administrative counterparts, only by virtue of political and moral self-discipline can not achieve the necessary restraint effect, we must use the law, that is, legal means to be regulated --- that is, government credit Legalization. The legalization of the government credit in our country has its inherent necessity. It should build the government credit legal system actively on the basis of the constitution. Proposed through the “Government Credit Guarantee Ordinance” and other legislation, as soon as possible the government credit limits, credit information records, assessment and incentive mechanism, the responsibility for the crime of deception, etc. into the legal system.