行政审批成本收益分析的理论证成及应用——兼谈《行政许可法》的修改与完善

Theoretical Proof and Application of Cost-benefit Analysis in Administrative Examination and Approval——Discuss the Revision and Perfection of Administrative License Law

行政审批制度改革的进一步发展,要在政府简政放权的大背景下重塑政府与市场之间的权力结构,引入成本收益分析对政府和市场之间的关系进行调适是必要的,也是可行的。成本收益分析作为衡量行政审批的标准,方法上具有客观性;作为行政审批活动的依据,价值上具有中立性;在行政审批活动中运行,程序上具有公开性;为行政审批提供参考指标,操作上具有科学性。行政审批成本收益分析在学术上有充分的理论支撑,域外的相关做法也提供了制度镜鉴,当前我们的改革也留足了操作空间。进一步,要适时修改《行政许可法》,为行政审批成本收益分析制度改革提供依据,通过法治的方式推动成本收益分析用以明确行政审批标准、优化行政审批程序以及完善行政审批评估。

With the further development of the reform of the administrative examination and approval system,the power structure between the government and the market should be reshaped in the context of government streamlining administration and delegating powers, it is necessary and feasible to introduce cost-benefit analysis to adjust the relationship between government and market.As the standard of administrative examination and approval, cost-benefit analysis is objective in method;As the basis of administrative examination and approval,it is neutral in value;It operates in the administrative examination and approval activities and has openness in procedures;It provides reference indicators for administrative approval,which is scientific in operation. The cost-benefit analysis of administrative examination and approval has sufficient theoretical support in academia,the relevant practices abroad provide a mirror for the system,and our current reform also leaves enough room for operation. Further,the Administrative License Law should be amended in a timely manner to provide a basis for the reform of the cost-benefit analysis system of administrative examination and approval. The cost-benefit analysis should be promoted through the rule of law to clarify the standards of administrative examination and approval,optimize the procedures of administrative examination and approval and improve the evaluation of administrative examination and approval.