论文部分内容阅读
行政决策被中西方行政法理论所遮蔽的共同原因是传统行政行为分类理论未将行政决策行为归入其体系。然从比较法的视角看,因法治历程和传统不同,中西方行政决策被传统行政法理论遮蔽的原因却不尽相同。在西方国家主要有三种原因:行政决策被立法决策遮蔽;行政决策被消极行政遮蔽;行政决策被行政管理遮蔽。在我国也有三种原因:尚未完善的法律体系;行政决策被党委决策遮蔽;行政权过度集中。
The common reason why administrative decisions are overshadowed by Western and Chinese administrative law theories is that the traditional theory of administrative behavior classification does not classify administrative decision-making into its system. However, from the perspective of comparative law, due to the different stages of the rule of law and traditions, the reasons why the administrative decisions of China and the West are obscured by the traditional theories of administrative law are not the same. In western countries, there are mainly three reasons: administrative decisions are obscured by legislative decisions; administrative decisions are obscured by negative administrations; and administrative decisions are obscured by administrative management. There are three kinds of reasons in our country: the imperfect legal system, the administrative decision-making being obscured by the Party committee’s decision-making and the excessive concentration of the executive power.