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行政法治和法治政府的第一要义是政府必须依法行政,权力行使不能恣意、任性,不能乱作为、不作为。怎么才能保障政府依法行政,保障其权力行使不恣意、任性,不乱作为和不作为?最重要的途径有两条:一是通过立法,特别是行政组织立法和行政程序立法,严格规范政府行使权力和履行职责的行为,防止其违法、滥权和失职、渎职;二是通过监督制约机制和责任追究机制监督政府依法行政,在发现政府有违法、滥权和失职、渎职行为时,及时采取措施,纠正其违反法治的行为,追究相应行政机关和工作人员的法律责任。
The first important point of the administrative rule of law and the rule of law government is that the government must administer according to law and the exercise of power should not be arbitrary or arbitrary and can not be arbitrary or omission. How can we guarantee that the government administrate according to law and guarantee its power to exercise unbridled, self-willed and unruly conduct and omission? There are two most important ways: First, to strictly regulate the exercise of government through legislation, especially the legislation of administrative organizations and the administrative procedures Power and perform their duties to prevent their illegal, abuse of power and dereliction of duty, dereliction of duty; the second is through the supervision and control mechanisms and accountability mechanisms to supervise the administration of the government according to law, in the discovery of government violations, abuse of power and dereliction of duty, timely take Measures to correct their behavior in violation of the rule of law and hold the legal responsibility of the corresponding administrative organs and staff.