论法治视野下行政决策的界定

On the Definition of Executive Decision from the Perspective of Law

行政决策的内涵随着时代的发展而不断发展。作为法治政府的重要活动,现代行政决策应当是正当的行政决策。一个正当的行政决策,要兼具合法性、科学性和民主性等要求,在内涵上包括决策目标、决策手段、事实基础、法律依据等四个要素,在外延上包括一系列行为。法治视野下的行政决策主要是重大行政决策,重大的标准可以通过实体和程序两方面确认。重大行政决策需要根据其价值目标和内在要求的不同进行类型化研究。

The meaning of executive decision develops with time constantly. As an important activity of law government, the modern executive decisions should be legitimate executive decisions. A legitimate executive decision should meet the requirements of legitimacy, science and democracy, including such four elements as decision-making objectives, decision-making tools in its implication, and including a series of acts on its extension. Executive decisions under the view of law mainly are major executive decisions, and its standards of largeness can be confirmed by entities and procedures. Genre study should be made to major executive decisions in accordance with its value ob-jectives and its inherent requirements.