我国行政审批制度的改革及其法律规制

我国现行的行政审批制度发端于计划经济体制。随着经济体制的转型,这种原本作为资源配置手段、以消灭市场、竞争和自由为目的的审批制度,与新经济体制发生了激烈的冲突与碰撞。自本世纪初,我国在全国范围内展开了行政审批制度的改革,历经十多年,改革虽然取得了一定的成效,但以审批为中心建立起来的管理体制并没有从根本上被撼动。面对巨大的困难和阻力,行政审批制度改革需要多方面制度的合力推动,需要有效的法律规制。规制行政审批制度改革,需要保障行政许可法的实施与执行,与规范性文件的修订与废止相结合,实现行政管理立法的创新,从法律上切断审批权力与利益的联结,以立法推动国有企业逐步退出竞争性的行业和领域。

Reform and Legal Regulation of Administrative Approval System in China

The current administrative approval system in China originates from the planned economy system. With the transformation of economic system, this system, originally implemented as a means of allocating resources and eliminating market, competition and freedom, has been in violent clash with the new system. China started a nation-wide reform on the administrative approval system at the beginning of this century. Now, more than a decade later, the reform has achieved certain results, but failed to shake the foundation of the administrative system, which takes administrative approval as its core. Faced with great difficulties and obstacles, the reform on the administrative approval system needs to be driven by the combined force of many different systems and effective regulated by law. In order to regulate the reform of the administrative approval system, it is necessary to ensure the implementation and enforcement of the Law on Administrative Approval, to innovate on the administrative legislation system, to cut the power-interests connection in administrative approval, and to promote the gradual withdrawal of state-owned enterprises from competitive industries and fields.