行政决策被传统行政法理论遮蔽原因之比较分析

Comparative Analysis of the Reasons for Administrative Decision Obscured by the Traditional Administrative Theory

行政决策被中西方行政法理论所遮蔽的共同原因是传统行政行为分类理论未将行政决策行为归入其体系。然从比较法的视角看,因法治历程和传统不同,中西方行政决策被传统行政法理论遮蔽的原因却不尽相同。在西方国家主要有三种原因:行政决策被立法决策遮蔽;行政决策被消极行政遮蔽;行政决策被行政管理遮蔽。在我国也有三种原因:尚未完善的法律体系;行政决策被党委决策遮蔽;行政权过度集中。

A common factor of the administrative decisions obscured by the Chinese and western theory of administrative laws is that the administrative decision was not included in the system of the traditional classification of administrative acts. However, from the perspective of comparative law, the reasons for it are not the same because of different law courses and traditions. In Western countries, administrative decisions are usually obscured by legislative decision -making, negative execution and administration. In China there are three reasons： the constitutional system of the combination of parliament and administration, administrative decision-making obscured by committees and the excessive concentration of executive power.