行政会议法制研究

发布时间：2018-03-06 21:02

本文选题：行政会议　切入点：法制　出处：《西南政法大学》2010年硕士论文　论文类型：学位论文

【摘要】： 近年来,我国政府法制建设取得了长足的进步,随着我国政府行政法制建设的发展,很多原来被学界忽视的政府活动领域,也逐步被纳入学术研究的范畴。行政会议法制是我国政府法制的组成部分,本应得到相应的研究。事实上,早在二十世纪九十年代初,我国行政法学界,已经有人提出了行政会议法制的命题,并进行了初步的分析。但此后的十几年来,行政会议法制问题一直缺乏深入、系统的研究。行政会议法制的研究价值没有得到应有的重视,进而,行政会议法制实践缺乏有效的理论支撑,缺乏实际效果。事实上,行政会议法制研究具有重要的现实意义和理论意义,应当得到相应的研究。在行政法学上研究行政会议与其他学科研究行政会议,在概念、目的、方法等方面,必须相互区别。在此前提下,从行政法学上研究行政会议法制包括如下内容。首先,行政会议的概念、特征及分类应当明确界定。政府会议概念本身具有依附性,不同性质的政府会议内容决定了会议本身具有不同的内涵和目的。行政法学上应当研究的行政会议只是政府会议中的一部分,是旨在形成外部行政行为而举行的政府会议。行政法上的行政会议的目的是,通过行政会议的行政性和法定性特征,保障行政主体做出行政行为过程的合法性和有效性。其次,行政会议法制的基本范畴及其应当融入的行政法治精神应当阐述清晰。行政会议法制不仅仅指的是有关行政会议的规范性法律制度,行政会议法制当中可以而且应当融入行政法治精神。研究行政会议法制的目的是重构现有的行政会议规则,融入行政法治理念,使行政会议规则能够得到有效实施,从而实现行政会议保障外部行政行为形成过程的正当性、合法性的作用。行政会议法制当中应当融入的行政法治精神包括,基础性的行政法治和行政过程理念以及程序性的行政民主、正当程序和行政公开理念。在具体重构行政会议法制的规则内容时,必须根据具体规则特殊性,平衡行政性的行政秩序、行政效能(效率、精简、灵活)价值理念与法治性的行政法治价值理念的作用。再次,行政会议法制的完善必须以行政会议法制的现有发展状况为基础。国内外有关行政会议法制的内容往往不是直接与行政法学研究行政会议的视角相一致的。必须对具有广泛性的国外会议议事规则、美国政府会议公开规则、我国政府会议规则现状等内容加以甄别,评述其中优劣,并梳理其与行政会议法制的关系。最后,行政会议法制完善内容包括,形成行政会议的相关规则和分析行政会议规则的法律形式。行政会议的规则有,行政会议的外部规则、现场规则、责任监督与追究规则等。在法律形式问题上,初步探讨了行政会议法制应当具有的法律形式问题。
[Abstract]:In recent years, China's government legal system has made great progress. With the development of our government's administrative legal system, many areas of government activities that were previously ignored by academic circles have been neglected. The Executive Council legal system is an integral part of the legal system of our government and should have been studied accordingly. In fact, as early as 1990s, the administrative law circles in China, Some people have put forward the proposition of the legal system of the Executive Council and have made a preliminary analysis. However, over the past decade or so, the issue of the legal system of the Executive Council has been lacking in depth. Systematic research. The research value of the Executive Council legal system has not received due attention. Furthermore, the practice of the Executive Council legal system lacks effective theoretical support and practical effect. In fact, The study of the administrative council legal system is of great practical and theoretical significance and should be studied accordingly. It is necessary to distinguish the concept, purpose and method between the study of executive meeting and other disciplines in administrative law. On this premise, the study on the legal system of executive meeting from administrative law includes the following contents. First of all, the concept, characteristics and classification of the Executive Council should be clearly defined. The content of governmental meetings of different nature determines that the meetings themselves have different connotations and purposes. The Executive Council, which should be studied in the field of administrative law, is only a part of the governmental meetings. The purpose of the executive meeting in administrative law is to ensure the legitimacy and validity of the administrative action process by the administrative and legal characteristics of the administrative meeting. Secondly, the basic category of the legal system of the Executive Council and the spirit of the administrative rule of law that should be incorporated should be expounded clearly. The legal system of the Executive Council not only refers to the normative legal system of the Executive Council, The purpose of the study on the legal system of the Executive Council is to reconstruct the existing rules of the Executive Council, to incorporate the concept of the administrative rule of law, and to enable the rules of the Executive Council to be effectively implemented. So as to realize the legitimacy and legitimacy of the formation process of the external administrative act. The spirit of the administrative rule of law that should be incorporated in the legal system of the Executive Council includes, The basic ideas of administrative rule by law and administrative process, as well as procedural administrative democracy, due process and administrative openness. Balance the administrative order, the function of administrative efficiency (efficiency, simplification, flexibility) and the value of the rule of law. Again, The perfection of the legal system of the Executive Council must be based on the present development of the legal system of the Executive Council. The contents of the legal system of the Executive Council at home and abroad are often not directly consistent with the perspective of the study of the Executive Council by the administrative law. For the rules of procedure of foreign conferences of a broad nature, The open rules of the American government meeting and the present situation of the government meeting rules of our country are screened, the advantages and disadvantages are reviewed, and the relationship between them and the law system of the executive council is combed out. Finally, the contents of the perfection of the law system of the Executive Council include the formation of the relevant rules of the Executive Council and the analysis of the legal form of the rules of the Executive Council. The rules of the Executive Council include the external rules of the Executive Council, the rules on the spot, On the question of legal form, this paper preliminarily discusses the legal form that should have in the legal system of the Executive Council.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.1

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