试论当前行政法制度的变迁——从两起个案谈起

On the Transition of the Present Administrative Law System:Starting from Two Cases

“孙志刚案”和“周一超案”反映出当前行政法制度变迁中“消极应变”的倾向和特点。笔者认为,这种制度变迁存在缺陷,应实现其向“积极适应型”制度变迁的转变:塑造“以人为本”的行政法文化,建立健全系统的规范性文件审查制度,完善上访制度及其与舆论监督制度的结合,加强配套制度建设以推进制度建设的系统化和连贯性、推动先进的知识和技术在行政法行为及程序中的适用等。

The cases of ＂Sun Zhi-gang＂ and ＂Zhou Yi-chao＂ reflect the tendency of the present administrative law system to meet an emergency negatively. The authors think that there are some limitations in this kind of system transition, which should convert to that of active adaptation model： to figure an administrative culture based on human beings, to set up and perfect a systematic review system of normalized documents, to perfect the system of appealing to the higher authorities for help and the its combination with the media supervision system, to strengthen the construction of auxiliary systems to promote the systematization and consistency of the system construction, to promote the application of advanced knowledge and technology in the administrative action and procedure.