简论行政行为的司法化及其意义

On The Judicialization of Administrative Actions and Its Significance

行政行为司法化是指行政权的运行采用了司法的构造方式,即通过开放行政权决策系统,吸纳公民参与政府决策,为公民和政府进行理性交涉与对话提供一个制度空间,以提高政府决策的民主化、规范化、程式化和法治化。行政行为司法化在约束行政权力规范运行的同时,促成了政府决策的正当化,这有助于政府权威的树立和维护,并进而成为实现宪政政治的一个必要环节和步骤。

The judicialization of administrative actions means the operation of the administrative powers adopts the structure of judiciary and establishes a mechanism for the rational negotiation between the citizens and the government by opening the decision-making system and making the citizens participating in this system. Such a mechanism can makes the decision-making of the administrative authority more democratic, more normative and more accordant with the procedures and rules of law. The judicialization of administrative actions can keep the normative operation of administrative authority and assure the appropriate decision-making process in the government at the same time. The latter will help the establishment and maintenance of the authority of government and will further become a necessary step of the construction of the constitutionalism.