论行政规避法律

On Administrative Circumvention of Law

行政规避法律是一种游离干法律状态之外的非理性行政行为，应当与目前行政实在法中认定的行政违法行为和行政不当行为相并列，并用相应的规范来规制它。因为，行政规避法律对行政法治的危害是巨大的，它会导致已有行政法典则处于虚无状态、行政造法对抗立法价值、行政过程自我封闭。应当建立行政规避法律的定性机制、防范机制、监督机制和问责机制。

Administrative circumvention of law, a kind of unreasonable administrative act existing in legal vacuum, should be treated equivalent to illegal administrative act and misconduct, which have been determined by administrative substantive law, it should also be regulated by related norms. Because administrative circumvention of law is harmful to administrative rule of law, it would lead to the nihility of existing administrative rules, lead to administrative making laws against the value of legislation, and lead to the isolation of administrative process and social system. However, theories and institutions on administrative circumvention of law basically remain a legal gap in our country. For this, the article establishes a superficial theory on constituting administrative circumvention of law act, also, it puts forward related resolution strategy based on the theory, and states it is necessary to establish qualitative mechanism, prevention mechanism, supervision mechanism and accountability mechanism on administrative circumvention of law.