以程序规范权力推动湖南省地方政府行政改革

Give an Impetus to the Administrative Reform of Hunan Local Government Through Restricting Power by Due Process

通过实证研究分析湖南省行政程序政策制定路径与实施效果,发现其基本模式是政治动员,通过政治动员推动政策制定与政策实施;《湖南省行政程序规定》的作用是通过规范行政程序推动当地政府行政管理体制改革,是一种新的行政改革路径和改革模式。该政策的实施正向效果非常明显,值得肯定。通过政治动员模式制定和执行政策有许多优势,但也容易政随人走,如何使以程序规范权力的立法精神及推动行政管理体制改革的路径较少依赖脱离政治家而得以持续,需要进行更高层面的立法支持,进行地方人大立法甚至全国性立法十分必要。

By conducting an empirical analysis of the policy-making route and effect of Hunan provincial administrative procedure, this paper describes the basic pattern of Hunan＇s making administrative procedure as the political mobilization by which promoted policy-making and policy-implementing. Regulations of Hunan Provincial Administrative Procedure played a part Of promoting the administrative reform of local government by regulating administrative procedure. As a new route and pattern of administrative reform, this policy has an obvious positive effect and is worth praising. Although there are a lot of advantages in making and implementing the policy by political mobilization, the policy shifts easily with the change of the person in charge. Therefore, local people＇s congresses＇ legislation, even NPC＇s legislation, is necessary so as to keep the legislative spirit of restricting power by due process and promote continuously the administrative system reform.