“规划行政”:现代行政法的时代课题与挑战

On the Challenge of Modern Administrative Law by the "Planning Administration"

行政规划正发挥着越来越广泛的作用,有人慨叹现代行政正由"依法律行政"演变为"依规划行政"。隐藏在"规划行政"时代到来背后的是行政法理念的变迁和时代的需求。"规划行政"有其必然性并对现代行政法带来了诸多的挑战。从终极意义上的正当性视角进行考察,"依规划行政"无疑不会完全取代"依法律行政",但理性化差异的不明显显然正对后者造成挑战。

The administrative planning is used in many fields, so someone thinks that the administration according to law will be substituted by the administration according to planning. There is inevitability for the coming of the planning administration age, and it brings many challenges for the administrative law. The planning can also bring validity for administrative action as law, so it is difficult to find the difference between the administration according to law and the administration according to planning.