行政审批、组织重构与行政组织法变革

Administrative Approval, Tissue Remodeling and the Reform of the Administrative Organization Law

行政审批是行政管制的工具和媒介,而行政管制在一定程度上是组织管制,应重视行政审批改革中的行政组织。现阶段,行政审批过程中存在着诸多组织乱象,行政审批的运作内嵌于条块分割的行政管理体制,行政审批改革是行政体制改革的重要环节。随着行政审批改革从最初的权力内部调整逐渐走向合作治理,行政审批权应不断分解、整合和下沉,趋向多中心、自主治理和权力交叠的行政规制样态。为理清行政审批的边界和提高行政审批的效能,应建构以功能导向、权能独立和自主规制为进路的行政组织法。

Administrative approval is the tool and medium for administrative regulation, to a certain extent administrative regulation is the organization control. We should pay more attention to the administrative organization in the reform of administrative approval system. Today, there are many organizational chaos in the process of administrative approval. The operation of administrative approval is embedded in the administrative system between different departments and regions. Administrative approval reform is an important part of the administrative system reform. Along with the reform of administrative approval from the initial internal power adjustment to cooperative governance, the decomposition, integration and sinking of the administrative approval power is constantly making the administrative regulation modality which is multicenter, independent management and power overlapping. To clarify the boundary and improve the efficiency of administrative approval, the administrative organization law in terms of functional orientation, independent power and autonomous regulation should be constructed.