大部制背景下的行政组织法完善

发布时间：2018-11-11 16:22

【摘要】：大部制又称为大部门体制，这种组织体制构建于推进政府事务综合协调和管理，按照管理职能将政府部门划分并合并，，组成在一起成为超级大部的体制。特点是把一个部门管辖的业务范围扩大，把有联系的、相似相通的内容由一个部门统一管理，进而最大程度地避免政府职能交叉、政出多门、多头管理，提高行政效率，降低行政成本。自从“十七大报告”明确地提出了大部制改革思路之后，我国政府自改革开放后的第六次改革成为了从政界到法律界的一个热点问题。为了避免历次政府机构改革走不出“精简—膨胀—再精简—再膨胀”怪圈的困境，完善相关法律制度，构建和谐的法制环境已成为人们的共识，行政组织法作为政府机构改革的依托，是推动和保障大部制改革的一个不可或缺的条件。然而我国现行的行政组织法在立法和规范上均存在许多不足，不能满足我国对大部制改革的法律需求和法律支撑。因此研究大部制背景下的行政组织法改革，对于加快转变政府职能，加速推进大部制改革具有重要的现实意义。本文通过四个部分论述大部制背景下的行政组织法完善。第一部分介绍了国内外大部制的现状；第二部分阐述大部制与行政组织法的关系，重点突出行政组织法的健全是大部制改革的依托，是大部制改革的内在需要；第三部分研究了目前行政组织法的现状，用来说明行政组织法已然跟不上改革的步伐，亟需进行完善；最后一部分部分对行政组织法的完善提出自己的几点看法意见，通过分析国内外大部制改革的经验教训，笔者认为：大部制改革对法律制度的需求集中体现在行政法制化，行政人员职能公开化，行政机构设置与编制法定化这三个方面，而且作为大部制改革的蓝本：“三定”方案也因为其自身的缺陷性凸显出许多弊病，例如其效率位阶低，监督机制缺失，刚性不足等。因此，大部制改革亟需相关配套的法律制度相辅助，也需要行政组织法针对这类行政体制改革作出一系列的具有应对性、前瞻性的改革。本文既从宏观方面阐述了行政组织法在法律原则、立法体系的完善方向，也从微观方面提出了解决大部制改革中出现的行政职权规定不明确、行政编制混乱、行政组织法不完善等问题的法律完善措施。
[Abstract]:The large department system, also called the large department system, is based on promoting the comprehensive coordination and management of government affairs, dividing and merging the government departments according to the management functions, and forming a super majority system together. It is characterized by expanding the scope of business under the jurisdiction of a department and unified management of related and similar contents by one department, thereby avoiding to the greatest extent the intersection of government functions, multi-pronged and multi-pronged administration, and improving administrative efficiency. Reduce administrative costs. Since the report of the 17th National Congress of the Communist Party of China clearly put forward the idea of the reform of the large department system, the sixth reform of the Chinese government has become a hot issue from politics to the legal profession since the reform and opening up to the outside world. In order to avoid the dilemma of "streamlining-expanding-again streamlining-reinflation", to perfect the relevant legal system and to build a harmonious legal environment, it has become a common understanding that the previous reform of government institutions cannot walk out of the strange circle of "streamlining-expanding-again streamlining-reinflation". As the support of government organization reform, the administrative organic law is an indispensable condition to promote and guarantee the reform of large department system. However, there are many deficiencies in the legislation and regulation of the current administrative organic law in our country, which cannot meet the legal needs and legal support of the reform of the Ministry of Administration in our country. Therefore, it is of great practical significance to study the reform of administrative organic law under the background of large department system for speeding up the transformation of government functions and promoting the reform of large department system. This paper discusses the perfection of administrative organic law under the background of large department system through four parts. The first part introduces the current situation of the large department system at home and abroad, the second part expounds the relationship between the large department system and the administrative organic law, and emphasizes the perfection of the administrative organization law is the backing of the reform of the large department system, is the inherent need of the reform of the large department system; The third part studies the current situation of the administrative organic law, which is used to explain that the administrative organization law can not keep up with the pace of reform and needs to be improved. In the last part, the author puts forward some opinions on the perfection of the administrative organization law. By analyzing the experience and lessons of the reform of the large department system at home and abroad, the author thinks that the demand for the legal system of the reform of the large department system is embodied in the administrative legalization. The functions of administrative personnel have been made public, and the establishment and establishment of administrative institutions have been legalized. Moreover, as the blueprint of the reform of the large department system, the "three definite" scheme has also highlighted many disadvantages because of its own defects, such as its low level of efficiency. Lack of supervision mechanism, lack of rigidity and so on. Therefore, the reform of the large department system needs to be supplemented by relevant supporting legal systems, and a series of responsive and forward-looking reforms should also be made in the light of the reform of the administrative system in the administrative organic law. This article not only expounds the direction of perfecting the law principle and legislative system of the administrative organic law from the macroscopic aspect, but also puts forward from the microscopic aspect the solution to the ambiguity of the administrative power and the confusion of the administrative establishment in the reform of the large department system. The administrative organization law is imperfect and so on the legal consummation measure.
【学位授予单位】：贵州民族大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.1

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