新时代行政审批制度改革法治化:面向、必要性与路径研究

Legalization on Reform of Administrative Approval System in the New Era:Future Goals,Necessity and Route Research

党的十八大以来,行政审批制度改革呈现出不同以往的时代特征,以规范权力和保障权利为主线,由法制化向法治化不断推进。行政审批制度改革是兼具全面深化行政体制改革和全面依法治国的重要改革任务,其法治化基本面向需向国家治理现代化不断深入。从政府与市场边界合理划分、行政审批自由裁量权、贯彻法律保留原则、有效保障公民权利角度探索行政审批制度改革法治化的必要性。改革法治化的基本路径可从价值理念、实体内容和程序设计三个方面推进。

Since the 18th National Congress of the Communist Party of China,the reform of the administrative approval system has shown different characteristics of the times,with the main line of regulating power and protecting rights,and constantly advancing from legislation to legalization.The reform of the administrative approval system is an important reform task of both comprehensively deepening the reform of the administrative system and comprehensively governing the country according to law,and its rule of law basically needs to deepen the modernization of national governance.This article explores the necessity of legalization of administrative approval system reform from the perspectives of reasonable division of government and market boundary,discretionary power of administrative approval,implementation of the principle of legal reservation,and effective protection of citizens'rights.The basic path of legalization of reform can be promoted from three aspects:value concept,entity content and program design.