行政规章部门利益化的防范与规制

Prevention and Restriction of Benefit Pursuit of Administrative Regulations Department

行政规章制定中的部门利益是指政府部门相对背离其公共性而追求部门自身利益,使公共利益在一定程度上受损。行政规章中的部门利益偶发的主要原因包括监督机制缺陷、传统价值观的转变以及历史文化的传承等,而部门追逐自身利益往往会带来破坏市场秩序、冲击政府法治建设、政府权威受损等多方面不利影响。由于部门利益是根植于官僚制的垄断中,政府组成部门先天具有利己特征,因此根除部门利益的观点是不可取的,只能对部门利益进行规制。规制的办法包括建立政府绩效考核评估制度以及优化组织管理体系等。

The department interests in the formulation of administrative regulations means that public interests are damaged to a certain extent due to government departments' pursuit of their own interests regardless of their public nature. The main reasons for the occasional happening of the departmental interests in administrative regulations include the defects of supervision mechanism,the transformation of traditional values and the inheritance of historical culture. The pursuit of self-interest by departments often leads to various adverse effects like the destruction of market order and the government rule of law construction. What’s more,it will also cause the loss of government authority. Since the interests of the department are rooted in the monopoly of the official image system,the government bodies is inherently self-interested. Therefore,it is not advisable to eradicate the interests of the department,but it can only regulate the interests of the department to some extent. Regulatory methods include establishing a government performance appraisal system and optimizing the organization management system.