行政机关负责人批准行为研究——以现行法律规范文本为对象的分析

Approval Behavior of Person in Charge in Administrative Agency:Based on the legal norms

行政执法中行政机关负责人批准行为是内部行政过程中的常态。以《行政处罚法》等三十部法律规范文本为分析样本,梳理出行政机关负责人批准行为在行政执法内部行政程序各环节中的实际状态。在实证分析的基础上,从机关负责人的范围、批准权效力及机关负责人批准行为与行政执法"个案批示"的关系入手,厘清"机关负责人批准"的法律概念,揭示机关负责人审批权的法律功能,为实现机关负责人批准制度规范化奠定基础。可以说,规范机关负责人批准行为在当下既有必要,又很迫切,也是难题。

The approval of the person in charge of the administrative organ in administrative law enforcement is the normal state in the internal administrative process.The 30 legal norms such as the Administrative Punishment Law are used as analytical samples,and the actual status of the approval actions of the responsible persons in the internal administrative procedures of administrative law enforcement is sorted out.On the basis of empirical analysis,this paper starts from the scope of the person in charge of the agency,the validity of the approval authority,as well as the relationship between the approval of the person in charge of the agency and the"case approval"of the administrative law enforcement,aiming to clarify the legal concept of"approval of the person in charge of the agency"and reveal the approval of the person in charge of the agency.The legal function of the right lays the foundation for the standardization of the approval system of the responsible person of the organ.It can be said that the approval of the person in charge of the regulatory body is both necessary and urgent in the present,and it is also a problem.