行政决策法学论纲

Outline of Administrative Decision Law

在现代行政方式体系中,行政决策有其独立之品相。为因应行政决策法治发展之需要,构设中国行政决策法学实属必要。鉴于其涉及行政决策法理之阐释、行政决策权限之配置、行政决策程序之设定、行政决策责任之分担等内容以及行政决策民主性、科学性、安全性与合法性之规控等目标,行政决策法学应当兼具法学与管理学之双重属性,或可定位为行政法学与公共管理学之交叉学科。

Administrative decision has its own unique characteristics in the system of modem administrative way, In order to meet the needs of administrative legal practice, it is necessary to create Administrative Decision Law. Considering that it relates to the interpretation of administrative decision theory, the allocation of administrative decision powers, the design of administrative decision process, the undertaking of administrative decision responsibility and it also relates to the realization of democracy, scientific, security and legality, Administrative Decision Law should have dual properties of Law and Management. In this way, we can take Administrative Decision Law as an interdisciplinary of Administrative Law and Public Management.