国家治理体系现代化视域下的行政组织立法

国家治理体系的主体包括中国共产党、国家机关、社会组织和公民,行政组织是主要的主体,而中国共产党是国家治理的领导力量。国家治理体系的现代化,政府现化代是关键,法治化是保障。在治理视域下,行政组织法不再仅是政府内部的结构法,而是包括协调党政群关系、体现共同治理的治理主体法。从优化组织结构,体现党政群协调共治出发,积极回应国家治理现化化对行政组织的要求,通过行政组织立法明确行政组织的职权范围,将中央与地方的关系、部门和地方间的横向协作关系法律化,确立社会组织的行政主体地位,为党委领导、政府负责、社会协同、全民参与的治理体系提供法治保障。

Administrative Organization Legislation Under State Governance System Modernization Horizon

Subjects of the state governance system includes the Chinese Community Party, state bodies, social organizations and citizens, among which administrative organizations are the major ones and Chinese Community Party is the leading power. For the state governance system modernization, the government modernization is the key while the rule of law is the guarantee. Under the governance horizon, the administrative organization law is no longer only the internal structural law within governments, but also the governance subject law embodying common governance used in relationship coordination among all the above mentioned organizations. From perspectives of organizational structure optimization as well as the organization coordination and common governance, it responds actively the requirement of administrative organizations caused by state governance modernization. By delimiting the responsibility and power scope of administrative organizations, it writes down the relationship between the central and the local as well as the transversal coordination relationship between departments and the local. Through establishing the administrative subject place of social organizations, it provides rule of law guarantee to the governance system of Party leadership, government responsibility, and social coordination as well as public participation.