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作为人类共同的文明成果,国家治理理论在中国语境下除了要坚持党的领导,更强调多元参与、法治和善治。长期缺乏民主氛围的历史,使得以管理为理念的传统行政执法明显与国家治理现代化理念不相契合,因行政执法而引起的不和谐也不时刺激公众的感官。协商行政执法是民主行政的发展结果,其强调参与和协商的原则与国家治理现代化的善治模式具有共同的价值追求,以协商行政执法改造传统执法是实现法治政府和国家治理现代化的必由之路。
As a common civilized achievement of mankind, in addition to insisting on the leadership of the party under the Chinese context, state governance theory places greater emphasis on pluralism, the rule of law and good governance. The long history of lack of democratic atmosphere makes the traditional administrative law enforcement concept clearly incompatible with the concept of state governance modernization and the dissonance caused by administrative law enforcement also stimulates the public’s senses from time to time. The negotiation of administrative law enforcement is the result of the development of democratic administration. It emphasizes that the principle of participation and consultation has a common value pursuit with the mode of good governance of state governance and that reconstructing the traditional law enforcement through negotiation of administrative law enforcement is the only way to realize the rule of law government and state governance modernization.