行政审批二重属性分析

本文试图从行政审批的私人性和公共性的角度分析其私人性成因 ,并探讨行政审批的公共性的合法归属。行政审批制度改革的难点在于行政审批权私人性扩大并覆盖了它的公共性 ,具有顽固地占有社会资源的倾向 ,这一倾向是行政审批改革的制度性障碍。公共性是行政审批的本质属性和归宿 ,因此 ,应构建以公共性为价值目标的新的行政审批制度。

The Analysis of Dual Property of the Administration Examination and Approval

This article tries to analyze the cause of the personal property in the administration examination and approval in the views of personal and public property, and discusses the legal belonging of its public property. The difficulty of the reform of the system of administration examination and approval lies in the personal property of administration examination and approval getting enlarged with the trend to cover its public property and stubbornly occupy the social resources. This trend obviously is the systematic obstacle to the reform of administration examination and approval. The public property is the nature and destination of the administration examination and approval, therefore a new administration examination and approval system to the goal of being public ought to be constructed.