| 摘要: |
| 摘要下放是当前行政审批改革理论研究中容易被忽视的一个课题，而深圳的制度实践则提供了一个很好的观察视角。行政审批下放并非一个法律概念，其内在本质是授权与委托，背后运行的制度逻辑是实现地方的有效治理。下放过程中承接机关缺乏主体资格，需要通过规章授权和修改法律、法规进行合法性补强；事项范围和层级的混乱，亟待合比例地统一标准和条件；正当程序的缺失，则要通过内部程序、公众与专家的有效参与以及完整的信息公开等程序设计予以填补。行政审批下放要求确保承接单位具备实施条件，监管的重点是确定下放审批机关和现实施审批机关为监管主体，标准化的评价模式主要围绕评价主体、评价内容和评价程序构建。这一切都旨在促进行政审批下放的合法、高效与便民 |
| 关键词: 行政审批、授权、委托、地方治理 |
| DOI： |
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| The Logic and the Approach： How Does the Decentralized Administrative Examination and Approval System Realize Effective Local Governance and Legalization |
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Zheng Lin
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| Abstract: |
| Decentralization is an issue that has been neglected in the current theoretical research on the administrative examination and approval reform. Shenzhens institutional practice provides a good perspective for the observation. The decentralization of administrative examination and approval is not a legal concept. Its inherent nature is authorization and delegation, and the system logic behind it is to achieve effective local governance. In the process of decentralization, the undertaking agency lacks the qualification of the main body. Therefore, the decentralization needs to be authorized by regulations, and the present laws and regulations should be amended for legality reinforcement. There exists confusion of the scope and level of the matters, so the standards and conditions urgently need to be unified proportionally. The lack of the due process must be supplemented by internal procedures, effective participation of the public and the experts, as well as complete information disclosure. The implementation requirements for the decentralization of administrative examination and approval ensure that the undertaking unit has the conditions for the implementation. The focus of the supervision is to determine the decentralized and the current implementation examination and approval authority as the main body of supervision. The standardized evaluation mode is mainly built around the evaluation subject, evaluation content and evaluation procedure. All of these mentioned above aim to promote the legality, efficiency and convenience of decentralization of administrative examination and approv |
| Key words: Administrative Approval, Authorization and Delegation, Local Governance, Rule of Law |
