建设项目审批法律性质分析

Legal Nature Analysis for Examination and Approval of Construction Projects

自新一届政府简政放权以来,投资体制改革再度成为新一轮行政审批制度改革的焦点。探讨自2004年投资体制改革以来,建设项目审核的三种主要形式——审批、核准、备案的法律性质,在依法治国和依法行政的今天有着更加重要的意义。从历史的角度分析政府投资项目审批作为内部决策行为、企业投资项目核准和备案作为行政许可行为的法律性质,并给出了完善社会投资备案制度的有关意见和建议。

Since the new government commenced to streamline administration and delegate power to the lower levels, the investment system reform has once again become the focus of the new round reform on administrative examination and approval. Exploring the three main examination forms for fixed asset investment projects - examination and approval, verification and approval and putting on file - established since the investment system reform in 2004 is of more significance the context of the present - day rule by law and administration according to law. This essay analyses the legal nature of the examination and approval of governmental investment projects as a behavior subject to internal decision making and the verification and approval and putting on file of corporate investment pro- jects as a behavior subject to administrative licensing from a historical perspective, and puts forward opinions and suggestions on perfecting the system of putting on file on social investment projects.