行政组织法基本范畴与新课题

行政组织法是宪法和行政法的重要内容之一。一般认为,现代意义的行政组织,是指行使国家行政职权、管理公共事务的行政机关以及其他行使行政职权的组织的总体。行政组织与行政机关、行政机构、行政主体含义不同,行政组织授权与法律法规授权,行政主体与行政执法主体等基本范畴也需要梳理和辨析。行政组织法对于配置职能权限、规范机构设置和编制、依法保障公民合法权益所起的重要作用已日益为人们所认识,对行政组织法的研究,也应引起重视。

Basis Categories and New Research on the Administrative Organization Law

The administrative organization law is an essential part of Constitutional and administrative laws.It is generally thought that modern administrative organizations refer to administrative organs exercising national administrative powers and administering public affairs and other organizations exercising administrative powers.The connotation of administrative organizations differs from administrative organs,administrative institutions and administrative subjects.Besides,other categories should be analyzed such as differences between administrative organizations authorized by administrative organs and by laws and regulations,differences between administrative subjects and enforcement subjects of administrative laws.Since the functions of the administrative organization law has been increasingly recognized,such as allocating power limit,regulating formation of organizations and personnel,and safeguarding citizens’ legitimate rights and interest according to law,research on the administrative organization law shall be paid more attention.As the administrative reform deepens,more topics require research by academia with the development of the administrative organization law.