计划裁量权的规制体系研究

On the Regulatory System of Planning Discretion

随着国家权力的扩张,行政计划得到广泛的应用。因此,对于行政计划制定过程中存在的广泛的裁量权,需要相应建立一套完整的规制体系。在行政规制方面,可以采取合理分权、制定裁量基准、加强公众参与、引入决策咨询、建立评估体系等方式。在司法规制方面,可以考虑将某些计划裁量过程中违反法定程序要求的,纳入司法审查范围。

With the expansion of state power, administrative planning is widely used. Thus, comprenensve regulatory system is needed to be established for the broad discretion in the process of administrative planning making. As to administrative regulatory system, means such as proper division of functions, discretion standard - making, public participation, policy advisory system and evaluation can be used. As to judicial regulatory system, incompliance of statutory process in the planning making could be partly included into the scope of judicial review.