行政自我规制与行政法治：一个初步考察

Administrative Self-regulation and Rule of Administrative Law:A Preliminary Invest

立法机关、司法机关对行政实施的规制,是实现行政法治的重要工具,但它们作为外部规制力量,有其局限之处,尤其是在当下中国的政治、法律情境之中。因此,自改革开放以来,在法理型统治的选择、民主和法治的意识形态和现实需求、行政的民主合法性压力以及官僚科层制结构等诸多动力之下,行政自我规制一直是推进行政法治的另一重要力量。该力量的效用应予认真对待、予以积极评价,却不可过分依托,外部规制仍然是更需要发展的。

Although the regulation of administration by the legislature and the judicial organ is a vital tool to rule of administrative law realization, it still has limitations for being external regulation power, especially under current political and legal circumstances in China. Consequently, since the reform and opening up, under much dynamics of the choice of legal-rational domination, the ideology and practical demand of democracy and rule of law, and the democratic legitimacy pressure of administration, as well as the bureaucratic hierarchical structure, the administrative self-regulation has become another stream of power to propel the rule of administrative law, asking for seriously treatment and a positive evaluation. However, not too much reliance should be put on the self-regulation because the external regulation still needs more development