试论政府责任的立法困境与法律控制

政府责任立法是一项关于政府公共权力制约及其行使边界规范的政治活动,除了宪法及相关政治法的实体性条款之外,大多数政府责任立法多应表现为程序性法案。然而,在现实中政府责任与公共权力相伴生的规律退化为法律对权责规定模糊的立法困境。在关于政府责任的立法过程中,立法语言技术滞后性问题造成了当下法律条款难以明确权责之间的界限,结果衍生出政府责任实现与追究的难题,这不利于法治政府建设。若要实现政府责任的法律控制,亟须提高立法语言技术水平,促进政府责任法律体系的统一,并加大程序性法案在政府责任立法中的比重。

On Legislative Dilemma and Legal Control of Government Responsibility

Government responsibility legislation is a political activity about the restriction of government public power and the ex-ercise of boundary norms.In addition to the substantive provisions of the Constitution and related political laws,most government re-sponsibility legislation should be manifested as procedural bills.However,in reality,the law of government responsibility and public power degenerates into the legislative dilemma of vague regulation of power and responsibility.In the legislative process of government responsibility,the lag of legislative language technology causes the current legal provisions to be difficult to clarify the boundaries be-tween power and responsibility,and the result is the difficult problem of realizing and investigating government responsibility,which is extremely unfavorable to the construction of government ruled by law.In order to realize the legal control of government responsibility,it is urgent to improve the technical level of legislative language,promote the unification of the legal system of government responsibility,and increase the proportion of procedural bill in the legislation of government responsibility.