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国家能力、法治和民主作为政治现代化的三个核心变量是相互关联的,但这种关联性并不意味着中国应当采取三者同步共进的理想发展模式,世界各国政治现代化实践的一般历程、中国特有的集权体制以及法治与民主之间的差异性,决定了当代中国适于走法治先行之路。法治国家实现的关键在于法治政府建设,目前出台的行政权力清单制度因其源于行政部门自身并着眼于静态的实体规范而暴露出对行政权约束的局限性。行政权本身的特点和政府法治的复杂性决定了对行政权运行过程的程序控制成为解决法治政府问题的关键,基于中国行政程序法治的发展现状和难题,当前急需解决三个问题:实现由偏重内部管理的传统行政程序向外部控权的现代行政程序转型;将最低限度的正当行政程序宪法化或法律化,通过法律解释与法律适用而变为程序法治实践;从残缺分散、低层低效的个别程序性规定发展为统一的行政程序法典。
The three core variables of national capabilities, the rule of law and democracy as political modernization are interconnected. However, this correlation does not mean that China should adopt the ideal model of development in which all three countries move forward simultaneously. The general course of political modernization in all countries in the world, The unique centralized system of China and the difference between the rule of law and democracy determine the way for contemporary China to take the lead on the rule of law. The key to the realization of a country ruled by law lies in the construction of a government under the rule of law. Currently, the system of administrative power lists exposes limitations on the restriction of administrative power due to its derivation from the administrative department itself and the static substantive norms. The characteristics of the executive power and the complexity of the government rule of law determine that the procedural control over the running of the executive power becomes the key to solve the problem of the government ruled by law. Based on the status quo and problems of the development of the legal administrative procedure in China, three problems are urgently needed to be solved: The internal administrative traditional administrative procedures to the external control of the modern administrative process of transformation; the minimum of due process of administrative procedures of the constitution or legalization, through legal interpretation and application of law into procedural rule of law practice; from the fragmented, low-inefficient Individual procedural provisions developed into a unified code of administrative procedure.