行政体制改革中责权关系的理论反思与逻辑重构

Reflection and Reconstruction of the Relationship Between Responsibility and Power in Administrative System Reform

  • 摘要: 行政体制改革的目的是打破现有的“机构−责任−权力”配置格局,实践中主要有权力中心和责任中心两种改革模式。部分综合行政执法体制改革与行政审批制度改革采用权力中心模式,导致行政主体责权分离,根源在于对责权关系的错误认知。我国应在行政体制改革中确立责任中心地位的基础上,重构因责配权的责权关系,实现权随责移、责任先行、责权一致、主体明确。以责权关系检视行政体制改革的路径和方向,通过事权改革先行调整行政责任,修正改革方案中责权调整分离的规定,推动行政体制改革的模式从绝对集中向相对集中、横向配置向纵向配置调整,重心从权力共同体向责任共同体、权力清单向权责清单调整。

     

    Abstract: The objective of reforming the administrative system is to dismantle the prevailing configuration pattern characterized by “institution-responsibility-power”. In practice, there are primarily two modes of reform: the power center and the responsibility center. Certain aspects of the comprehensive administrative law enforcement system and administrative approval system reforms adopt a power center model, resulting in a disjunction between responsibilities and authorities for administrative entities. This issue stems from a fundamental misunderstanding of the relationship between responsibility and power. To establish a responsibility center within administrative system reforms, China should reconstruct this relationship to facilitate a transfer of authority accompanied by accountability, prioritize primary responsibilities, ensure alignment between responsibility and power, and clarify responsible parties. To evaluate both the trajectory and direction of these reforms concerning responsibility-power dynamics, it is essential to adjust administrative duties through modifications in power; amend regulations governing the separation of responsibility from power within reform initiatives; promote an evolution in administrative reform models from absolute centralization towards relative centralization; shift from horizontal distribution to vertical allocation; refocus efforts from communities centered on power towards those centered on shared responsibility; as well as transition from lists delineating power alone to those encompassing both power and corresponding responsibility.

     

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