行政审批法治化的法理分析及路径选择

The Legal Analysis and Routing for the Legalization of Administrative Approval

行政审批法治化,就是将法治的精神要义具体运用于行政审批的全过程,将行政审批纳入法制轨道。行政审批法治化是全面深化改革的大势所趋,但行政审批法治化并非一帆风顺,仍存在诸多障碍:全能政府理念是行政审批法治化的思想障碍;政府自利驱动是行政审批法治化的动力障碍;现行行政审批法律体系的局限是行政审批法治化的制度障碍。为此,我们应该以行政审批负面清单管理作为行政审批法治化的基本路径,及时修改完善《行政许可法》,健全行政审批配套制度,有步骤、分阶段、整体性推进行政审批的法治化进程。

The Legalization of administrative approval means it makes the spirit of rule of law run through the whole process of the administrative approval,and also it is an irresistible trend for deepening the reforms in an all-round way. However,it doesn't always have a favorable wind all the day and too much obstacle exist in this process. The idea of omnipotent government is the ideological obstruction for the Legalization of administrative approval,governments egoism driving is the action problem for it and the limit existing the current legal system of administrative approval is the system barriers. Therefore,we should take the negative list management of administrative approval for the essential choice about the Legalization of administrative approval,betimes revise and improve Administrative Approval Law,perfect supporting systems of administrative approval and promote the process of the Legalization of administrative approval in a systematic phased and holistic way.