论数字化审批程序的理论基础与实践模式

On the Theoretical Basis and Practical Model of Digital Approval Procedures

数字化审批程序有助于推进数字正当程序的变革,而“最多跑一次”审批程序改革的全过程均是围绕“简政放权”最优化展开。数字化审批程序以简政、效率、共享、便民、权责与程序作为理论基础,其中共享是以便民为导向的数据分享,以数字化为桥梁实现审批服务从政府导向型向人民中心型的转变;而政府与市场之间、政府各职能部门间的权责分配主要是为优化审批程序服务。“最多跑一次”作为数字化审批程序改革的典型样态,其推进已取得了初步成果,但实践中仍旧普遍存在改革的形式化倾向、数据共享与公开进度缓慢、权利救济途径缺失等问题。改革的稳步推进及深化发展需要以审批程序制度化建设为重要手段,运用程序先行和权责后置等实质性改革措施解决改革形式化的问题,通过数据归集和应用流程规范化建设提高信息共享的效率和质量,通过践行数字化审批程序撬动整个政务体系向服务型转变。

Digitizing the approval process can help drive changes in digital due process. The whole process of reforming the “running at most once” approval procedure is centered around the optimization of “decentralization”. The digital vetting and approval process is based on the theory of simplicity, efficiency, sharing, user-friendliness, authority, responsibility and procedure. Among them, sharing is people-oriented data sharing, using digitalization as a bridge to realize the transformation of approval services from government-orientated to people-centered;while the distribution of powers and responsibilities between the government and the market, and among government departments, is mainly for the optimization of the approval process. As a typical example of the reform of digital approval procedures, the promotion of “running at most once” has achieved initial results, but the reform's tendency to be formalized, the slow progress of data sharing and disclosure, and the lack of avenues for redress of rights are still prevalent in practice. The steady advancement and deepening development of the reform requires the institutionalization of the approval process as an important means, the use of substantive reform measures, such as the prioritization of procedures and the postulation of powers and responsibilities, to solve the problem of the formalization of the reform, to improve the efficiency and quality of information sharing through the standardization of the data collection and application process, and to pry the entire governmental system into a service-oriented transformation through the practice of the digital approval process.