论行政法制度在经济领域的拓展——以腐败治理为视角

On the Expansion of Administrative Law System in the Economic Field--From the Perspective of Corruption Governance

腐败案例简单统计表明,官员腐败案件大都集中于经济建设的相关领域,或者说腐败大多发生在政府享有的经济权力的运行过程,包括项目分配、资源配置、官商关系等,多因对政府经济权力规制不力。长期以来,我国行政法注重政府与个人关系的构建,侧重于对政府传统秩序权力(如行政处罚与行政强制等)的规范,强调对个人权利的救济,忽略对政府经济权力的规制,政府与市场、政府与政府之间的关系没有被整体纳入行政法的制度框架。以经济建设为中心及社会主义市场经济的改革创新决定了政府具有重要的经济职能和经济权力,为了有效规范此类职能与权力,从源头上预防和治理腐败,推进国家治理现代化,需要创新行政法制度,实现其在经济领域的拓展。

According to the simple statistics of corruption cases, most cases of official corruption are concentrated in the related fields of economic construction. In other words, the corruption mostly occurs in the operation process of the economic power enjoyed by the government, including project allocation, resource allocation, official and business relations, and etc., most of which are related to the weak regulation of the government’s economic power. For a long time, our country’s administrative law pays attention to the construction of the relationship between the government and individuals, and also focuses on the traditional order of power to the government: such as administrative punishment and administrative compulsory norms, and it emphasises on individual rights as the passive relief, while ignores the regulation of economic power in the government. Besides, the relationship between government and market, as well as the relationship between the government and the government, is not included in the order in the framework of administrative law. In order to effectively regulate such functions and powers, prevent and control corruption from the source, and promote the modernization of national governance, it is necessary to innovate the administrative law system and to realize its expansion in the economic field.