论行政改革权

On the Powers of Administrative Reform

建国以来,我国曾多次进行行政改革,但效果均不理想。笔者认为,未能从理论与实践两个方面解决行政改革权问题,是改革成效不佳的一个重要原因。要使改革具有权威性、统一性、严肃性,并取得实质性的成果,首先要明确行政改革权的归属,根据其位阶在立法机关、行政机关、以及行政机关之间来划分行政改革权,并对其运行予以必要的制约。

Several efforts on administrative reforms have been made since the PRC was founded, but the expected targets have not been achieved completely. The authors hold that one of the important reasons is that the powers of administrative reform have not been settled theoretically and practically. To make the reform more authoritative, reconcilable, and serious, and to make the reform achieve essential effects, we must confirm the ascription of the powers of administrative reform and distribute them between the legislative and administrative organs, furthermore among the administrative organs according to their different status. And it is also necessary to restrict the enforcement of the powers of administrative reform.