行政机构设置程序研究

当前行政机构的设置大多处于随意性和非理性的状态,这其中一个重要原因在于行政机构设置程序的缺位,行政机构设置程序是一种行政程序,受到行政组织法、行政机关编制法和行政程序法的共同规范.行政机构的设置需要遵循提议、论证、审核、批准、公告等程序.对于违反程序规定者,要依法追究其纪律责任、行政责任或者是法律责任,以确保行政机构设置的依法进行,从而保障行政机构设置的科学性和合理性.

The study about the establishment of the administrative agency

Nowadays, most of the establishment of the administrative agency is in a random and irrational state. One of the important reasons is that there is a lack of the establishment procedure of the administrative agency. The establishment procedure of the administrative agency is an administrative procedure which is bound by the Administrative Organic Law, Administractive Planning Law and the Administrative Procedure Law. The establishment of the administrative agency must comply with the procedure of proposal, demonstration, auditing, approval, proclamation etc. In order to make sure that the establishment of the administrative agency proceed legally, and then have a scientific and reasonable nature, people who breaches the provision of the procedure will take on the discipline liability, administrative liability or the legal liability.