宏观调控程序法律规制研究
发布时间：2019-01-19 13:26
【摘要】：《中共中央关于全面深化改革若干重大问题的决定》提出,科学的宏观调控,有效的政府治理是发挥社会主义市场经济体制的内在要求。完善调控体系关乎市场良性发展和政府管理效率,有序的调控秩序是我国宏观调控的应有之义,它能在很大程度上为提高调控质量提供帮助。同时,健全宏观调控体系的一个重要方面就是以制度特别是法律制度保障调控活动有效有序的进行,在现阶段的调控活动中还时常出现决策、执行过程中缺乏法律保障,法律制度滞后的现象,因此对宏观调控体系建设应该以法治化的视角加以审视。在学界的研究中,对于宏观调控法治化的研究也多集中于对调控主体权力、职能的法律规制研究,并且在这些问题的研究上也都取得了很大成果,而对于调控过程、程序,理论界的目光却鲜有青睐。但是实体制度与程序制度是相互作用的,调控活动本身也是表现为动态过程的,只关注主体或受体的权力(权利)、职责(义务)容易使研究的思路局限在人的行为本身而忽略了行为行使的时间、空间、方式是否符合法律的要求。强调调控程序的制度化,是因为调控程序的好坏会直接影响到调控的秩序、效果以及目标的实现,如果缺乏法律机制的约束很可能会导致调控者的越权、滥权现象的出现,直接影响调控目标的实现,可见,想要实现高水平、高质量的调控,调控实体规制与调控程序规制是不可偏废。除此之外,法律程序本身的价值追求也要求政府的调控活动体现程序上的正当性,实现程序理性对调控秩序的维护。基于该问题在理论层面和实践层面的重要价值,有必要对这一问题进行系统分析。本文从这一视角出发,在查阅相关资料、厘清相应概念的基础上,分析了调控程序法律规制的必要性和国内外相关理论与制度实践,并针对现实的调控过程中的制度缺失与不足提出自己的构想与看法,希望通过对这一问题进行研究能使自己加深对这一问题的理解,也期盼调控实践过程中更多的目光集中于这一问题,早日实现宏观调控法治化。
[Abstract]:The decision of the CPC Central Committee on comprehensively deepening reform puts forward that scientific macro-control and effective government governance are the inherent requirements for giving full play to the socialist market economic system. Perfecting the control system is related to the benign development of the market and the efficiency of the government management. The orderly control order is the proper meaning of the macro-control in our country, and it can help to improve the quality of the regulation and control to a great extent. At the same time, an important aspect of improving the macro-control system is the effective and orderly conduct of the regulation and control activities under the system, especially the legal system. At the present stage, decisions are often made in the regulatory activities, and there is a lack of legal protection in the process of implementation. Therefore, the construction of macro-control system should be examined from the perspective of rule of law. In the research of academic circles, the research on the rule of law of macro-control is mainly focused on the legal regulation of the power and function of the subject of regulation and control, and great achievements have been made in the study of these issues, and for the process of regulation and control, the procedure, The eyes of the theorists are seldom favored. However, the substantive system and the procedural system are interacted, and the regulatory activities themselves are dynamic processes, focusing only on the rights (rights) of the subject or the receptor. Duties (duties) tend to limit the research ideas to the human behavior itself and ignore the time, space and mode of the behavior to meet the requirements of the law. It is emphasized that the institutionalization of the regulatory procedures is because the good or bad of the regulatory procedures will directly affect the order, effect and realization of the objectives of the regulation and control. If there is no restriction of the legal mechanism, it is likely that the lack of legal mechanism will lead to the ultra vires of the regulator and the appearance of abuse of power. It can be seen that in order to achieve high level and high quality regulation, regulation entity regulation and regulation procedure regulation can not be neglected. In addition, the pursuit of the value of the legal procedure itself also requires the government to embody the legitimacy of the procedure and to realize the maintenance of the order of the control by the rationality of the procedure. Based on the important value of this problem in theory and practice, it is necessary to analyze this problem systematically. From this angle of view, on the basis of consulting relevant data and clarifying the corresponding concepts, this paper analyzes the necessity of legal regulation of regulatory procedures and the relevant theories and institutional practices at home and abroad. Aiming at the deficiency and deficiency of the system in the process of regulation and control in reality, the author puts forward his own ideas and opinions, hoping that through the study of this problem, he can deepen his understanding of the problem. We also hope to focus more attention on this issue in the process of regulation and control and realize the rule of law of macro-control as soon as possible.
【学位授予单位】：云南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.291
本文编号：2411415
[Abstract]:The decision of the CPC Central Committee on comprehensively deepening reform puts forward that scientific macro-control and effective government governance are the inherent requirements for giving full play to the socialist market economic system. Perfecting the control system is related to the benign development of the market and the efficiency of the government management. The orderly control order is the proper meaning of the macro-control in our country, and it can help to improve the quality of the regulation and control to a great extent. At the same time, an important aspect of improving the macro-control system is the effective and orderly conduct of the regulation and control activities under the system, especially the legal system. At the present stage, decisions are often made in the regulatory activities, and there is a lack of legal protection in the process of implementation. Therefore, the construction of macro-control system should be examined from the perspective of rule of law. In the research of academic circles, the research on the rule of law of macro-control is mainly focused on the legal regulation of the power and function of the subject of regulation and control, and great achievements have been made in the study of these issues, and for the process of regulation and control, the procedure, The eyes of the theorists are seldom favored. However, the substantive system and the procedural system are interacted, and the regulatory activities themselves are dynamic processes, focusing only on the rights (rights) of the subject or the receptor. Duties (duties) tend to limit the research ideas to the human behavior itself and ignore the time, space and mode of the behavior to meet the requirements of the law. It is emphasized that the institutionalization of the regulatory procedures is because the good or bad of the regulatory procedures will directly affect the order, effect and realization of the objectives of the regulation and control. If there is no restriction of the legal mechanism, it is likely that the lack of legal mechanism will lead to the ultra vires of the regulator and the appearance of abuse of power. It can be seen that in order to achieve high level and high quality regulation, regulation entity regulation and regulation procedure regulation can not be neglected. In addition, the pursuit of the value of the legal procedure itself also requires the government to embody the legitimacy of the procedure and to realize the maintenance of the order of the control by the rationality of the procedure. Based on the important value of this problem in theory and practice, it is necessary to analyze this problem systematically. From this angle of view, on the basis of consulting relevant data and clarifying the corresponding concepts, this paper analyzes the necessity of legal regulation of regulatory procedures and the relevant theories and institutional practices at home and abroad. Aiming at the deficiency and deficiency of the system in the process of regulation and control in reality, the author puts forward his own ideas and opinions, hoping that through the study of this problem, he can deepen his understanding of the problem. We also hope to focus more attention on this issue in the process of regulation and control and realize the rule of law of macro-control as soon as possible.
【学位授予单位】：云南大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.291
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