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黄灵荣、申佳陶认为,法治应当有两层含义,一是政府治理的合法性。政府治理的权威和秩序必须得到人们的广泛认可,这种认可便是通过法律来授权。治理的主体必须是合法的,是法律明确规定的;政府治理的内容是合法的,处理的事项在法律的授权范围之内;治理的程序是合法的,于法有依。二是行政责任,对于公权进行限制更重要的是对行政主体的违法行为进行制裁,使之承担应负的法律责任。与法治相对应的是我国的传统人治,在人治的管理方式下,公
Huang Lingrong, Shen Jia Tao believes that the rule of law should have two meanings, one is the legitimacy of government governance. The authority and order of government governance must be widely recognized by the people. This recognition is authorized by law. The subject of governance must be lawful and prescribed by law; the contents of government governance are legal and the matters handled are within the scope of the law; the procedures of governance are legal and law-based. The second is administrative responsibility. It is more important to limit the public right to impose sanctions on the illegal acts of administrative bodies so that they bear the legal responsibility they should bear. The rule of law corresponds to the traditional rule of man in our country