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在市场经济体制中,政府权力对经济运行的干预不能泛化,且政府权力不应介入市场功能的有效边界内。在对政府及工作人员权力“软约束”无效的条件下,必须引入宪政框架对政府权力予以约束。这既是宪政国家内在的本质规定,又是我国政府权力运行的现实要求。针对我国政府权力制约面临的现实障碍与宪政困境,必须从政府权力法制化、重构三权关系运行等方面入手,建立有针对性的政府权力制约机制。
In a market economy, government intervention in economic operations can not be generalized and government power should not be intervened within the effective boundaries of market functions. Under the condition that the power of government and staff is not valid, “soft constraints” must be introduced into the framework of constitutional government to restrain government power. This is both an intrinsic requirement of the constitutional state and a realistic requirement of the government’s power in our country. In view of the realistic obstacle and the constitutional predicament faced by the restriction of government power in our country, we must establish the targeted restriction mechanism of government power from the aspects of legalizing government power and reconstructing the operation of the three rights.