行政决策中的合法性及有效性分析——以“限娱令”为例

On legality and validity of Administrative Decisions

随着行政法治的发展,行政机关获得了很多的决策权。但在具体的行政决策制定过程中,无论是对合法性还是有效性因素都欠缺足够的重视。决策制定者不仅要注重形式合法性,更应注重实质合法性;在关注合法性因素的同时,也应该关注有效性因素。唯有此方能优化行政决策。

With the development of the administrative rule of law, administrative authorities are endowed with a lot of decision - making power. But in the process of administrative decision - making, it is lack of sufficient atten- tion regardless of legality or validity. This article is based on the example of ＂limited entertainment order＂ , and proposes that decision makers should not only focus on the form of legitimacy, but also focus on the substance of the legitimacy. When they consider the factor of legality, th ness. Only this can the administrative decision- making ey should also be concerned about the factor of effective- be optimized.