行政计划的法律控制研究

Reserach on Legal Control of Administrative Planning

行政计划作为一种新兴的现代行政管理方式,其自身特点决定了在法律控制的方法上实体控制的局限与程序控制的优越,因而构建民主科学的计划程序从而将其纳入法制轨道已成为行政法学的一个重要课题。由于过去理论上的长期不重视与实践中的不规范操作,造成我国行政计划程序法制化程度十分落后,在了解这一现状并考察国外先进经验的基础上,我国应切实建立和完善行政计划程序立法。

Administrative planning is a newly-developed way of modern administrative governance. So far as the methods of legal control of administrative planning are concerned, procedural rules other than substantive ones are preferred due to its own characteristics. Thus, how to establish a set of democratic and scientific procedures for administrative planning has become an important issue of administrative law theory. Because we failed to pay enough attention to the study of administrative planning in the past, and the practice is still rudimentary, however, the reality in our country is the less development, if not absence of administrative planning procedure legislation. On a basis of survey of the successful experiences in other countries and regions, as well as the current situation in our country, it finally puts forward some tentative thoughts to make perfect the administrative planning procedure legislation in China.