走向现代法治政府——略论公务员依法行政观念的树立

要走向法治政府,就必须牢固树立公务员依法行政观念。在当前,公务员要牢固树立依法行政观念,就必须深刻把握依法行政的本质。依法行政的本质是依法治“官”而非治“民”,是依法治“权”而非治“事”;必须全面坚持依法行政的原则。依法行政的原则包括法律优先、法律保留、职权法定、比例原则、程序公开、权力监督和权利救济等原则;就必须在推进依法行政的进程中强化依法行政的观念。

Toward the modern government by law—An Idea on Civil Servant'' s Notion of Administrative Rule of Law

In order to set up the government by law, civil servant should have the notion of administrative rule of law. At the present situation, if we advocate civil servant' s notion of administrative rule of law, we should not only grasp the essence of administrative rule of law, but also carry out the principles of administrative rule of law. The essence of administrative rule of law is to control official but not citizen, is to control power but not affair. The principles of administrative rule of law embody priority of law, reservation of law ,authority given by law,the proportion principle,procedure public ,power supervision and right remedy. At the same time, we should put forward the course of administrative rule of law, which can strengthen the notion of administrative rule of law.