论文部分内容阅读
在理论与现实层面,政府创新与依法行政之间存在固有的内在张力,具体表现为创新求变与法治求稳之间的矛盾。对政府创新途径的不同认识导致了“创新—法治”张力表现机制的差异,创新与守法均存在正效应与负效应,不同效应的叠加组合构成了分析“创新—法治”张力的基本约束条件。对此,可以通过强化法治权威,推进纵向府际关系法治化;加强顶层设计,探索性改革中适度实践修正;维护基本法治,在法治框架下开展地方政府创新;规范创新行为,兼顾合法性、合理性与正当性有机统一等手段实现政府创新与依法行政的动态平衡。
At the theoretical and practical levels, there is an intrinsic tension between government innovation and administration by law, which is manifested in the contradiction between innovation and legal stability. Different understandings of the ways of government innovation lead to the differences in the tensions of “innovation - rule of law”. Both innovation and law-abiding have positive and negative effects. The superposition of different effects constitutes the analysis of the tension of “innovation-rule of law” Basic constraints. In this regard, we can promote the rule of law in vertical intergovernmental relations by strengthening the authority of the rule of law, strengthening the top-level design, exploring appropriate practices in the sexual reforms, upholding the basic rule of law, innovating local governments under the framework of the rule of law, standardizing innovations and taking into account the legitimacy, Rationality and legitimacy, such as organic means to achieve unity between government innovation and the dynamic administration according to law.