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依法行政是现代法治国家政府行使权力时普遍奉行的基本准则,依法行政并不排斥政府创新。当前,中国地方政府创新面临着创新遭遇法律边界、创新无法律保障,创新缺乏法律约束等一系列的法律困境。破解上述法律困境的路径是:在创新主体上,将地方政府创新与国家顶层设计相结合;在创新动力上,从法律角度为创新设定宽容和免责条款;在创新方式上,强调依法创新,同时不断完善法律,实现良法之治;在创新结果上,将成熟的创新成果固化为法律或制度,达到引领改革的目的。
Administration by law is the basic principle that is commonly practiced in the exercise of power by modern government under the rule of law. Administration by law does not exclude government innovation. At present, the innovation of local government in China is confronted with a series of legal difficulties such as innovation encountering legal boundaries, innovation without legal protection and innovation lacking legal constraints. The path to solve the above legal dilemma is to combine the innovation of local government with the top-level design of the state on the subject of innovation, tolerance and exemption clauses for innovation from the perspective of innovation, to emphasize innovation by law, At the same time, we should constantly improve the law and realize the rule of good law. On the outcome of innovation, we should mature the innovative achievements into law or system and lead the reform.