行政立法中组织化利益表达的困境与对策

The Dilemma and Countermeasures of Organized Interests Expression in Administrative Legislation

分散的利益诉求在行政立法中往往较难得到保障,故有必要借助于组织化利益表达方式,但该方式在我国存在着诸多困境:利益的组织化有着一定的制度性障碍;不同利益群体间利益表达能力失衡,部分强势利益集团能够"俘获"行政立法主体,而一些弱势利益群体则因组织化程度低及缺乏利益代表等原因而在行政立法中集体失语;作为一个重要的组织化利益体的行政机关本身存在通过行政立法将部门利益合法化的危险等。因而,有必要降低利益主体的行政依附性,赋予其必要的结社自由;提高弱势利益群体的组织化程度,完善利益均衡表达机制;完善公众参与的立法程序,防止行政立法权的滥用等。

The scattered interests can hardly be reflected in administrative legislation, thus it is necessary to express their interests in organized way, but there are many difficulties to apply organized interests expression in our country at present, such as some certain institutional obstacles existing in the organization of interest, the imbalance of interest expression ability between different interest groups： some strong interest groups can capture the administrative legislative subjects, while some weak interest groups in the administrative legisla- tion are collective aphasia, because of the low level of organization and the lack of the representative of the in- terests of the collective. As an important organizational interest group, the administrative authority itself has the risk to legalize its own department interests through the administrative legislation. To cope with these problems, it is necessary to reduce administrative dependence of interest subjects, and give them the neces- sary freedom of association; improve the organization degree of the disadvantaged interest groups, improve the interest balance expression mechanism, and improve public participation in the legislative process, to prevent the abuse of administrative legislative power.