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依法行政是我国推进法治建设的重要举措,依法行政原则从国外引入之后,其所依据的法源从代议机关制定的法律扩大为法律、法规和规章,从而使其在内在逻辑上失去了传统依法行政因接受立法机关概括意义上的监督而具有的合法性。另一方面,行政事务的复杂多变使得政府难以从立法中寻找到具体的指示和裁量标准。面对这样的困境,文章提出通过多元主体的法律监督强化其形式合法性,通过公众参与和专家咨询提升其实质合法性并由此提升政府管理能力的优化解决方案。
Administration by law is an important measure for promoting the rule of law in our country. After the introduction of the principle of administration according to law from abroad, the legal sources on which it is based are expanded from laws enacted by the agency to laws, regulations and rules, thus losing its inherent logic The legitimacy of the administration according to law because of its supervision in the general sense of the legislature. On the other hand, the complexity of administrative affairs makes it difficult for the government to find concrete directives and discretionary standards from the legislation. Faced with such dilemma, the article proposes to enhance the legitimacy of its form through the legal supervision of multiple subjects, enhance its substantive legitimacy through public participation and expert consultation, and enhance the optimization solution of government management ability.