行政裁量权的合理规制与法治政府建设

Rational Regulation of the Administrative Discretion and the Construction of the Government Ruled by Law

建设法治政府,需要对行政权的运行进行全面有效的规制。广泛存在于行政活动各个领域的行政裁量权的规制也因此变得尤为重要。法治政府要求行政裁量权合理受限,而通过规制行政裁量权可以有效推进法治政府建设。规制行政裁量权,需要对行政裁量权进行界定,并分析行政裁量权存在的合理性。规范主义进路与功能主义进路是规制行政裁量权的两种基本模式,而后者具有的多重优势更适宜作为我国行政裁量权规制路径。要建立以行政自制制度为基础的多元化的行政裁量权规制体系,从而对整个行政过程的行政裁量权进行有效规制,促进法治政府建设。

The construction of the government ruled by law needs comprehensive and effective regulation of administrative power. Therefore, the regulation of administrative discretion that widely exists in all kinds of administrating activities becomes extremely important. The government ruled by law requires rational regulation of administrative discretion, while regulating administrative discretion could effectively promote the construction of the government ruled by law. The regulation of administrative discretion needs to define the administrative discretion and analyze the rationality of the existence of administrative discretion. The mode of Normativism and the mode of Functionalism are two basic modes of the regulation of administrative discretion, and the latter with multiple advantages is a more suitable regulating path of administrative discretion. Establishing a diversified regulatory system about administrative discretion that is based on self-restraint in administration could regulate administrative discretion in the whole administrative process effectively and promote construction of the government ruled by law.