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近年来,国务院相继批准一些城市或地区为综合配套改革试验区,“先行先试”和制度创新成为了这一轮改革的目标和任务。一些地方相继出台一系列推动改革创新和“先行先试”的政策。“促进改革条例”究竟是以法治保障改革创新,还是本身就违背了法治的基本精神,值得探讨。改革过程应该坚持法律保留原则、法律优先原则以及责任政府的基本精神。只有坚持和贯彻法治原则,地方性改革才能真正获得制度保障。
In recent years, the State Council has successively approved some cities or regions as experimental areas for comprehensive reform, which has become the goal and task of this round of reform. In some places, a series of policies have been promulgated to promote reform and innovation as well as “pilot first”. Whether the “Regulations for the Promotion of Reform” really protect the reform and innovation by the rule of law or whether it violates the basic spirit of the rule of law is worth discussing. The reform process should uphold the principle of legal reservation, the principle of priority of law and the basic spirit of responsible government. Only by upholding and implementing the principle of the rule of law can local reforms truly gain institutional guarantees.