大综合行政执法一体化基本内涵的法学思考

Legal Reflections on the Basic Connotation of the Integration of Comprehensive Administrative Law Enforcement

法律在社会治理中往往表现着两种有时迥异有时一致的色彩,即法律的实然性和法律的应然性。在基层治理中,法律的分工使得行政权等公权力具有了依法行政和责任划分等色彩,这一制度很大程度解决了公权力介入私权利领域过多和不合理等情形。但新时代发展下,行政公权力的法律执行难问题从无法可依到违法必究,执法必严的阶段后,基层执法问题产生了新挑战:在行政执法难以监管的偏远山区,乡村确定了基层自治为理念,但基层组织缺乏法律上给予的行政执法权,导致了行政执法实现真正意义上的体系化。本文根据浙江省为代表的改革理论总结与九十年代国有企业改革思考,西方新型管理学核心理论的出发,分析大综合行政执法一体化在基层执法权基本问题,根据中国基层行政执法一体化实践探索,进一步阐述大综合行政执法一体化面对新问题具有的法治内涵。

In social governance,law often shows two colors that are sometimes very different and sometimes consistent,that is,the reality of the law and the naturalness of the law.In grassroots governance,the division of labor in the law makes the administrative power and other public powers have the color of administration according to law and division of responsibilities,and this system largely solves the situation that public power intervenes too much and unreasonably in the field of pri-vate rights.However,under the development of the new era,the problem of difficult legal en-forcement of administrative and public power has changed from being unable to follow to the stage of investigating and strictly enforcing the law,and the problem of grassroots law enforce-ment has produced new challenges:in remote mountainous areas where administrative law en-forcement is difficult to supervise,the concept of grassroots autonomy has been determined in rural areas,but grassroots organizations lack the power of administrative law enforcement given by law,which has led to the systematization of administrative law enforcement in the real sense.Based on the summary of the reform theory represented by Zhejiang Province,the thinking on the reform of state-owned enterprises in the nineties,and the starting point of the core theory of Western new management,this paper analyzes the basic problems of the integration of large-scale comprehensive administrative law enforcement at the grass-roots level,and further expounds the legal connotation of the integration of large-scale comprehensive administrative law enforcement in the face of new problems according to the practical exploration of the integration of grass-roots administrative law enforcement in China.