行政法视角下的行政决策

在我国,行政决策通常属于行政学的研究范畴,其特点表现在主体、目标、对象以及责任承担上。行政决策与法律、政策有着不同的内涵和外延。由于行政决策的作出实质上是公权力的行使,对公众之间的权利义务会产生直接的影响,因此行政决策应当受到行政法之约束,并且应当纳入行政法学的研究范畴。基于自身的多样性,对属于行政行为范畴的行政决策应当以行政法原理进行约束;对目前不能纳入行政行为的可用政策和程序加以规范。

Administrative Decision: from the Perspective of Administrative Law

Generally, administrative decision, which is characterized in subject, target, object and responsibility, is in the fields of the Science of Administration in our country. Administrative decision is different in connotation and denotation from law and policy. Administrative decision should be put under the control of administrative law and be brought into the study of administrative law, because to make an administrative decision substantially is the exertion of public power, influencing directly on the rights and obligations of the public. Based on its multiformity, administrative decision that can be classified into administrative act could be regulated with administrative law. As to these that can not be classified as administrative act, they will be controlled by policy and procedure.