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依法行政是指国家行政机关行使行政权力、管理公共事务必须由法律授权并依据法律规定。法律是行政机关据以活动和人们对该活动进行评判的标准。依法治国的主体是人民。人民通过权力机关制定的法律,表达意志,治理国家。依法行政是对行政机关提出的要求。依法行政所要解决的根本问题,是政府与人民、行政机关与权力机关、行政权与法律等的关系问题。第一,对政府提出依法行政的要求,植根于我国的国家性质。我国是人民当家作主的社会主义国家。政府的权力来源于人民。政府只能是人民的公仆,而不能相反。第二,行政机关由权力机关选举产生,政府必须对人民代表大会负责,向它报告工作,受它监督。第三,人民代表大会主要是通过法律表达意志,因此,政府作为权力机关的执行机关,主要就是执行法律。政府从根本上说,是行政执法机关。第四,依法行政非常明确地摆正了权与法的关系,依据法律行使行政权力。行政权力来源于法,行政权必须在宪法和法律的范围内活动。
Administration according to law refers to the exercise of administrative power by state administrative organs. The management of public affairs must be authorized by law and in accordance with the law. The law is the standard by which the executive body bases its activities and people’s judgment of the activity. The principle of governing the country according to law is the people. The people, through the laws formulated by the organs of power, express their will and govern the country. Administration by law is a requirement of the executive. The fundamental problem to be solved by the administration according to law is the relationship between the government and the people, the administrative organs and the organs of power, the executive power and the law. First, the requirements of the government for administering according to law are rooted in the nature of our country. Our country is a socialist country where people are the masters of their own affairs. The government’s power comes from the people. The government can only be the public servant of the people, not the other way round. Second, the executive authorities are elected by the organs of power. The government must be accountable to the people’s congress, report to it and be supervised by it. Third, the people’s congress mainly expresses its will through law. Therefore, the government, as the executive organ of the organ of power, mainly enforces the law. Basically, the government is the administrative law enforcement agency. Fourth, the administration according to law is very clear about the relationship between the right and the law and the exercise of administrative power according to law. Administrative power comes from law, and executive power must be governed by the Constitution and the law.