行政执法的博弈分析——兼论行政法研究中的方法论问题

Analysis on Administrative Regulation Based on Game Theory——And a methodology in administrative law research

社会经济生活中广为存在的博弈现象与行政执法在精神实质、价值追求、研究视角、关键要素等诸方面有着高度的契合性,博弈理论在多学科和多实践领域的应用经验,为行政执法的博弈分析奠定了方法论基础。着力于识别博弈现象与行政执法二者之间存在的关键连接点,通过博弈论的主体、行为、效益、信息等理论构件对行政执法进行博弈分析,进而探索以博弈理论引领行政执法观念的更新,以重构行政执法机制,提高行政执法效率,从而实现行政博弈过程追求的纳什均衡和行政法制指向的利益平衡。

There are a varieties of close links between issues of game and administrative regulation in terms of spirits, values, research perspectives and key factors etc. As applied in many other subjects and practices, Game Theory could be utilized as a methodology in administrative regulation research. In this essay, the author focus his efforts on identifying the vital links between issues of game and administrative regulation, analyzing administrative regulation with such key components of Game Theory as players, behaviors, benefits and information etc. From the perspectives of Game Theory, the author tries to critically think the ideas and. mechanism of administrative regulation so as to improve the effect of administrative regulation and obtain the Nash equilibrium and benefit equilibrium between administrative players.