行政法法典化之基本问题研究——以行政法体系建构为视角

Study on Basic Issues of Codification of Administrative Law:From the Perspective of Administrative Law System Construction

《民法典》的颁布标志着我国法治建设进入到体系化的发展时代,也激活了行政法法典化的梦想。几十年来,随着国家的改革开放,行政法制度生长迅速,重构了政府与个人的关系,推动了社会主义市场经济转型,但行政法的多元发展路径导致其目标各异,内容分散,缺失体系化建构,也带来行政法创制、实施和遵守的负担和困惑,需要通过法典化来解决这些问题。行政法法典化的核心目标是要促进行政法的一体化建设,建立与我国国家治理相匹配的行政法体系。行政法法典化涉及行政法法典的调整范围、行政法的结构框架和整体性保障三大部分,是一个复杂的系统工程,需要加强基础理论研究以确立行政法的体系框架,也需要确立合理的法典化路径和模式,以促进行政法的体系化发展。

The promulgation of the Civil Code marks that the construction of the rule of law in China has entered the era of systematic development,and also activated the dream of codification of administrative law.In the past decades of reform and opening up,the administrative law system has been improved a lot,the relationship between government and individual has been reconstructed,the transformation of socialist market economy has been promoted.However,the multiple development paths of the administrative law lead to different goals,scattered contents and lack of systematic construction.It also brings the burden and confusion of the creation,implementation and compliance of the administrative law.These problems need to be solved by codification.The core goal of codification of administrative law is to promote the integrated construction of administrative law,and to establish an administrative law system matching with China's national governance.The codification of administrative law involves the adjustment scope of administrative law code,the structural framework of administrative law and the overall guarantee.Codification is a complex system engineering,which needs to strengthen the basic theoretical research to establish the system framework of administrative law,and also needs to establish a reasonable codification path and model to promote the systematic development of administrative law.