摘要
我国已基本形成以3个国务院文件为主体、14个省级政府规章和数百个地方政府规范性文件为补充的重大行政决策制度体系,但这一制度体系存在诸多问题:一是重大行政决策作为从行政管理学引入的概念目前在行政法学上尚未完全融入原有的概念体系,加之各地立法对这一概念定义模糊以及对其如何归类定性不准,导致了一些地方行政程序立法的体例混乱以及出现"重大行政决策事项"认定难现象;二是根据决策成本与决策效益并重原则,目前国务院文件及地方立法规定的5至7个重大行政决策必经程序或法定程序过多,应技术性减少;三是重大行政决策程序的监督和制约机制存在较多缺失,致使各地精心构建的一些重要程序难以落实;四是各地立法的适用范围差距大。建议国务院尽快出台《重大行政决策程序条例》,建立全国统一的、刚性的、操作性强的重大行政决策程序制度。
Our country has basically formed the major administrative decision-making system, which includes the three files of the state council as the main body and provincial government regula- tions and hundreds of local government regulatory documents as the supplement, but there exists many problems in this system： firstly, the major administrative decisions, as the concept introduced from administration, have not yet fully integrated the original concept system into the administrative laws, combined with the local administration＇s vague definition of this concept and inaccurate classi- fication and characterization, which lead to the chaos of some local administrative procedure legisla- tion systems and the occurrence of the phenomenon that it is difficult to affirm major administrative decisions. Secondly, according to the principle of equal emphasis on the decision-making cost and decision-making efficiency, about five to seven major administrative decisions made by the state council and local legislation are apparently too much, which therefore should be reduced. Thirdly, there are many limitations in supervising and restricting mechanism concerning major administrative decision-making process, so that some major process established elaborately by the local areas is dif- ficult to implement. Lastly, for different areas, the distinction which exists in the application range of certain legislation is very obvious. It is suggested that before the government officially implements Administrative Procedure Law, the State Council should make the Procedure Regulations about the Major Administrative Decision and build the uniform, rigid and practical national procedure system for the major administrative decision, as soon as possible.
出处
《时代法学》
2016年第2期21-28,共8页
Presentday Law Science
关键词
重大行政决策制度
问题
完善
the major administrative decision-making system
problems
improvement
