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党的十八大提出全面实施依法治国的基本方略,运用法治思维和法治方法,在一定程度上破解基层执法中的难题、化解执法中的矛盾。在改进行政解释体制机制、确定行政自由裁量基准的基础上,尝试提出,解释是理性人的活动,法律只有经过解释才能适用,谁拥有执法权谁就应享有依法进行解释和做出科学说明适用法律的权力,倡导“谁适用,谁解释”的理念;实践中,公务员享有一定的执法释法权,并依法科学释法;在释法中遵循释法规则、加强释法规范、对功利性释法予以规制与调整,这不仅是依法行政的基本要求,也是行政法治的基本蕴意。
The 18th National Congress of the Communist Party of China put forward the basic strategy of fully implementing the principle of governing the country according to law. Using the rule of law and the rule of law approach, it resolves to a certain extent the problems in law enforcement at the grassroots level and resolves the conflicts in law enforcement. On the basis of improving the institutional mechanism of administrative explanation and determining the basis of administrative discretion, we try to propose and explain that it is the activity of a rational person. Only when the law is interpreted can the law be applied. Whoever has the right to enforce the law should be entitled to explain according to law and make scientific explanations. In practice, civil servants enjoy certain powers of law enforcement interpretation and scientific interpretation according to law; follow the rules of interpretation of the law in the interpretation of law, strengthen the norms of interpretation of the law, and The utilitarian interpretation of the law to be regulated and adjusted, which is not only the basic requirements of administrative law, but also the basic implications of administrative law.