全球行政法的兴起:背景、成因与现状

The Rise of Global Administrative Law:Background,Causes and Current Situation

全球化需要全球治理,传统国际法在这方面具有一定的局限性,加之调整范围的有限性,不能完全满足全球治理法治化的要求。面对全球化对传统国家主权概念的突破和发展,行政法从自身功能出发,超越传统的国内公法范畴,通过公私合作治理、透明参与等程序机制在超国家层面加以运用,能够负责任地回应全球政治、经济和法律秩序的重构。行政法传统上是国内公共治理的法治化,全球行政法是全球化时代行政法发展的产物,是国内公共治理向全球公共治理层面的延伸,意味着全球公共治理的法治化。全球行政法能通过透明参与、分权问责、协商对话和审查等原则和机制解决全球治理的民主赤字等问题,为全球治理提供有效的治理机制。当今中国不仅需要通晓国际规则,还要积极参与国际规则制定。全球行政法是增强和检验国家国际竞争力、提高国家参与全球治理能力的有效途径。

In the age of globalization, it is especially important for the international dimensions of administrative law to be studied and better understood. Traditional concept of sovereignty has been changed. Globalization needs global governance; traditional public international law can no longer fully satisfy the needs arising from globalization. As a result, administrative law should make a breakthrough on the stereotype of domestic public law. Globalization requires administrative law to move beyond what has been its historical domestic function so as to respond to the restructuring of global political, economic and legal orders and meet the challenges from the global public power of the global regulatory bodies and rules. As one typical domestic public law, administrative law should be applied broadly and expansively at the global level. Global administrative law is and has been the new path to global governance. As a result of globalization, administrative law has become the rule of law of domestic public governance while global administrative law the rule of law of global governance. Global administrative law could handle the problems of democratic deficit and illegality and related issues through the establishment and operation of principles and mechanisms of transparency, participation, separation of powers and accountability, consultation or dialogue and review, etc. Currently China, as a major economy and political power in the world, needs not only to be knowledgeable about international rules, but also be knowledgeable about and actively participate in international rule - making. It is important for greater emphasis to be placed on the study of global administrative law as it is best way to strengthen and test China＇ s international competitiveness, and improve its participation capability. In this new field of global administrative law, there are many issues in question and much further research still needs to be carried out.