党政机构合署合设与行政主体理论的发展

The Combination of Party and Government Organizations and the Theoretical Changes of Administrative Subjects

党政机构合署合设改革使党的机构直接参与到了国家治理过程中,产生了一种新型的党政融合主体,这对我国传统的"诉讼主体模式"的行政主体理论造成了冲击。实际上,党政机构合署合设是新公共治理时代党政关系深度调整的产物,其内在的逻辑是党政协同治理。面向公私合作治理实践和党政机构合署合设改革,宜采用"治理主体模式"发展行政主体理论,实现行政主体理论向组织结构、制度网络关系的必要拓展。研究作为塑造权责关系的治理主体法、作为规范组织场域的治理责任法,方能处理好党政机构合署合设改革所衍生的新旧问题。

The reform of the joint establishment of Party and government organizations makes the party organs directly participate in the process of national governance,which has caused a double impact on the organizational structure and internal-external relations of China’s traditional administrative subjects.In fact,the joint establishment of party and government agencies is the product of the deep adjustment of party and government relations in the new era of public governance,which generates a kind of party and government cooperative governance subject with the integration of internal and external resources of the administrative system.Only by facing the reform practice,developing the theory of administrative subject by adopting the'governance subject model',realizing the necessary expansion of the theory of administrative subject to the organizational structure and institutional network relations,and studying the governing body of the organizational field,as well as the governing body law of the relationship between power and responsibility,can we deal with the new and old problems arising from the reform of the joint establishment of Party and government organizations.