行政执法有奖举报制度的法律属性分析

A Study on the Legal Attribute of the Incentive System for Administrative Law Enforcement Offence Reporting

行政执法有奖举报制度具有丰富的内涵,从单一角度理解其法律属性已不能满足我们充分认识这一制度的需要。国务院及其办公厅的规范性文件见证着有奖举报制度的发展历程。以现有规范性文件为实证分析样本,我们可以发现,有奖举报制度分别以行政执法的辅助手段、公众参与的特殊方式、权利救济的重要渠道等样态体现在这些规范性文件中,这些样态实际体现了有奖举报的三种法律属性。在传统行政法学理论中,行政允诺是最可涵盖有奖举报不同样态的适当概念。

Incentive system for administrative law enforcement offence reporting has a rich connotation and analysis from any single perspective is not enough for us to understand its legal attribute. Take the 36 notices issued by the State Council as example, we can find that incentive system for offence reporting comes up vcith its legal attributes as an auxiliary means for administrative law enforcement, a special way for public participation, or an important channel for rights relief. And from the theory of traditional administrative law, administrative promise is the most appropriate concept covering the different forms of the incentive system for offence reporting.