论行政决策法治化的程序进路

On the Procedural Route of Ruling Administrative Decision-making by Law

学者们主要从程序法治的角度切入,寻求行政决策法治化的解决方案。这样的研究进路有其深刻的理论、社会和历史背景。行政决策法治化的程序进路对理论研究、立法实践、公众舆论以及普通人的思维和行动都有很大影响。程序进路虽然能够有效地回应理论上的质疑,但对于行政决策法治化的实践难题却未能提供可行的解决方案。因为这些问题不是单纯靠引入先进的程序制度和理论所能解决的,我们需要的是能够表达自己真实生活感受的实证研究。

During the last decade, administrative decision-making has become one oi the hot points m jurisprudential study. Scholars usually choose procedural route to study how to rule administrative decision- making by law, which is not accidental. Procedural route has profound theoietical, social and historical background. And it has exerted great influence on theoretical research, legislative practice, public opinion, and even the thinking and actions of ordinary people. Although procedural route is able to respond to the theoretical challenges effectively, it has done little to the practical difficulties of administrative decision-making which can not be resolved simply by introducing foreign procedural institutions and theories. Above all, we need empirical studies which can express our own feelings in the real life.