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法治可以区分为权力法治与权利法治。权力法治的本质是对国家权力的限制;而权利法治的本质是对公民权利的保障。权力法治与权利法治是相辅相成的,权力法治限制国家权力的根本目的是为了保障公民权利,进而实现权利法治。权力法治遵循控权优先和效率保证两个基本原则,其过程内含着三种控权的法治逻辑:良法控权、多元控权和分类控权。权力法治是实现国家廉政“治本”的根本路径,是国家廉政治理体系的制度基础和法理依据。权力法治的核心要义、基本原则和控权逻辑约束指导着国家廉政治理体系的制度安排。国家廉政治理体系是权力法治原理派生的廉政制度形式,是对权力法治的制度性回应。这一制度体系在廉洁和效率双重目标的约束下,需要建立良法治理、多元治理和分类治理。
The rule of law can be divided into the rule of power and the rule of law. The essence of power rule of law is the restriction of state power; the essence of right rule of law is the guarantee of civil rights. The rule of law of power and the rule of law of right are mutually reinforcing. The basic purpose of rule of law of power ruled by state power is to guarantee civil rights and then realize the rule of law and rights. Power rule of law follows the two basic principles of priority of control and guarantee of efficiency. The process contains three kinds of logic of the rule of law governing the power: the law of good law, the multiple control and the classification of power. The rule of law by power is the fundamental path to realize the state’s “clean government” and the institutional foundation and legal basis of the national system of clean government. The core essentials of the rule of power, the basic principles and the logic of control logic guide the institutional arrangement of the national clean governance system. The system of honest government in our country is a form of honest government that is derived from the principle of power and the rule of law. It is a systematic response to the rule of law and power. Under the dual goals of integrity and efficiency, this system needs to establish good governance, pluralistic governance and classified governance.