行政基本法典的属性辨析

Analysis on the Attribute of the Administrative Basic Code

在经历法典化呼吁和模式论争后,行政法学应当转向行政基本法典属性研究,夯实法典编纂的理论共识。近二十年来,行政自制取向的政府治理体系改革成就斐然,为行政基本法典的记载和宣示奠定了智识基础,也为行政基本法典继续引领改革提供了坚实依据。行政法律适用标准不统一是当下法治实施领域的突出问题,行政执法和行政审判自身的矫正机制功能颇为有限,唯有编纂行政基本法典才能为统一法律适用提供权威依据。民法典和法治社会建设纲要为法治一体建设构筑了初步规范体系,基于法治政府建设的示范带动效应,作为助推法治一体建设基础规范的行政基本法典编纂尤为迫切。在回溯历史、观照当下和展望未来三重法治语境中辨析行政基本法典的属性,能够回答行政法法典化的中国之问和时代之问。

After calls for the code and debates on the model,the academia of administrative law should turn to the research into the attribute of the administrative basic code to consolidate the theoretical consensus on codification.The remarkable achievements of the reform of the government governance system with the orientation of self-restraint of administrative subjects in the recent two decades has laid an intellectual foundation for recording and publicizing the administrative basic code,and also provided a solid basis for the administrative basic code to continue to lead the reform.The disunity of the applicable standards of administrative laws is a prominent problem in the field of the implementation of the rule of law at present.The correction mechanism in administrative law enforcement and administrative trial themselves has limited functions and only the compilation of the administrative basic code can provide an authoritative basis for the uniform application of law.The Civil Code and the Implementation Outline for Building a Law-based Society have established a preliminary normative system for the integrated construction of the rule of law.Based on the demonstration and driving effect of building a law-based government,it is of special urgency to compile the administrative basic code which serves as the basic norm for promoting the integrated construction of the rule of law.The analysis of the attribute of the administrative basic code in the three contexts of the rule of law in history,at present and in the future can produce an answer to the Question of China and the Question of the Times concerning the codification of administrative law.