深化建设系统行政审批制度改革的若干思考
摘要
建设系统行政审批是城乡建设管理机构的一项重要的行政权力,涉及城市建设、建筑业、房地产业、公用事业、市政建设等方面,一方面与广大人民群众的生产生活息息相关,另一方面与地区经济整体增长密切相关。本文立足于建设系统行政管理实践,指出建设系统现行的行政审批制度存在的弊病,为进一步深化入建设系统行政审批改革,推行相对集中审批方式、探索深层次的职能整合,从而建立高效、廉洁、透明、便民的行业管理部门,作了初步探讨。
The administrative examination and approval of construction system, which concerns urban construction, construction industry and real estate, etc., and closely relates to production and life of the people, is an important administrative power of management institutions for urban and rural construction. In this article, I preliminarily discuss for deepening the reform of examination and approval in construction system, actively carrying out relatively centralized pattern of examination and approval, and exploring function combination in deeper level and establishing efficient, transparent trade management department with high-quality service, based on the practical administrative management of construction system.
I. Meaning of administrative examination and approval and Significance of reform.
Administrative examination and approval means that the administrative organ qualifies a citizen, a legal person or other organizations, according to their applications, to engage in certain activities, after examination by law. Reform of administrative examination and approval is necessary for establishing and perfecting the system of socialist market economy, transforming functions of government and improving administrative efficiency and management level, adapting to WTO as well as controlling corruption and constructing incorrupt and efficient civil servant group.
II. The necessity and urgency of reform of administrative examination and approval system in construction system.
Construction system is a functional department, which synthetically manage the construction cause in urban and rural areas. On the one hand, it is related to the interests of the people, and on the other, it is closely related to the overall increase of local economy. It is imperative to reform the current examination and approval system in construction system, both for building a harmonious society and for constructing service-typed government.
III. The basic situations of reform of administrative examination and approval system in construction system.
1. In the last few years, 272 projects of administrative examination and approval in all were cleared, 196 of them concerned economic management affairs, 34 of them concerned social management affairs, and 42 of them concerned administrative affairs. Construction departments in every province shall carefully carry out the spirit of State Council and Ministry of Construction conscientiously, and clear administrative permitted projects according to the requirement of Administrative Permission Law. The reform situation of provincial-level construction department is briefly introduced here by taking construction department of Jilin Province as an example. In May 2005, the Administrative Examination and Approval Office in Construction Department of Jilin Province was formally established. It compressed the original administrative permission items into 29 from 51, and all these 29 items were centralized in Government Affairs Hall for handling. In June 2005, 5 examined and approved projects were cancelled and transferred to a lower level as county (city) ones, and 14 items of first examination right were entrusted to county (city), in order to support the economic development in county areas. In August 2005, it is determined to entrust 11 items of examination and approval right, including the right for examining and approving the qualification of real estate development enterprises of level three and those of lower levels, etc., to Yanbian Korean Autonomous Prefecture, which would represent the Construction Department to exercise the right of examination and approval. In November 2007, the right for examining and approving the qualification of real estate development enterprises of level three and those of lower levels was transferred to the lower level again.
IV: The problems faced by reform of administrative examination and approval system in construction system at present.
1. The regulations for administrative examination and approval are lagging and the discretion right is excessive. At present, part of examination and approval items in construction system, which has too much randomness, still lack regulations and criteria for Administrative Permission Law. In addition, it is lack of scientificity, rationality and feasibility. Handling person of examination and approval has quite much discretion right, which is favorable to breeding of corruption.
2. Too much examination and approval work needs to do, and the process is complicated, nonstandard and lack of transparency. At present, certain problems still exist in construction system: first, work of examination and approval in construction department is relatively too much, and the process is complicated and inefficient. Second, although government affairs centers and convenient centers are established in many places, the nonstandard phenomena still exist in the process of examination and approval.
3. The phenomenon that examination and approval department pays attention to examination and approval but neglects supervision is still quite serious.
4. The functions of examination and approval system still need to be perfected.
5. Problems exist in streamlining administration and delegating power to lower level: (1) The transversal administration and longitudinal business management are not consistent. (2) Institutions are established randomly and criteria are enhanced optionally. (3) Because the power for examination and approval is excessive, personnel is deficient, and relating management does not adaptive, so it is more difficult in handling affairs. (4) There is less work but more personnel (many of them are quite professional) in provincial government, which cause a great waste of talent resources.
V. Countermeasures for reform of administrative examination and approval in construction system.
1. Perfecting all regulations to realize examination and approval by law. The administrative departments of construction in each place shall establish perfect systems for Administrative Permission Law, according to the demand for implementing Administrative Permission Law, in combination of practice. On establishing relating systems, the construction departments shall pay attention to: (1) Legalization of standard conditions. (2) Scientization of standard conditions. (3) Rationalization of standard conditions.
2. Reducing the events and simplify the process of examination and approval, and carrying out relatively centralized pattern of examination and approval to enhance working efficiency. (1) Persisting in the market principle and reducing the number of examination and approval departments. On the one hand, whether these departments can be combined or not, according to their functions. And on the other, whether the establishment of projects, which do not concern emphasized ones of state, can be separated from State Development and Reform Commission or not, and to be established by departments of trade. (2) Clearing the enforcement agencies of administrative permission by law. (3) Establishing power limit and process of examination and approval by law. (4) Go on carrying out the relatively centralized pattern of examination and approval. Bringing all administrative permissions concerned in project construction into service center, to ensure to provide“one-stop”service of examination and approval.
3. Strengthening the supervision on examination and approval, and responsibility mechanism. (1) Strengthening the process of examination and approval. 1) Perfecting internal supervision mechanism and carrying out the“system of first-handle-responsible”. 2) Establishing external supervision mechanism. 3) Doing more efforts in“responsibility-seeking system”of examination and approval. (2) Strengthening the follow-up supervision of examination and approval. 1) Perfecting supervision mechanism. 2) Establishing self-discipline mechanism of enterprise and forming the self-restraint mechanism of enterprise. 3) Investigating the legal liability of permitted person or relating person concerned. 4) Strengthening the construction of visible building market and standardizing the orders of building market. 5) Striking various kinds of behaviors that destroy the order of market economy, and unblocking regional blockade, to form an open, competitive and orderly market.
4. Actively developing electronic government and strengthening construction of carriers. (1) Developing trade management system to establish credit files of enterprises and personnel. (2) Actively carrying out on-line declaration and on-line examination and approval to realize the centralized management of information of cross-regional administrative examination and approval. (3) Establishing databases of enterprises and technicians, and carrying out dynamic management and realizing resource sharing. (4) Actively integrating resources, speeding up the construction of network information and perfecting portal website of construction department.
5. Strengthening the follow-up supervision and management after streamlining administration and delegating power to lower level. Along with the decentralization of right limit of administrative examination and approval, every grass-root construction department shall strengthen in following aspects: (1) Strengthening the training of specialized knowledge for personnel who handle administrative examination and approval in basic level. (2) Reducing regional blockade and increasing burden of enterprise artificially. (3) Strengthening the follow-up supervision and management.
The administrative examination and approval of construction system, which concerns urban construction, construction industry and real estate, etc., and closely relates to production and life of the people, is an important administrative power of management institutions for urban and rural construction. In this article, I preliminarily discuss for deepening the reform of examination and approval in construction system, actively carrying out relatively centralized pattern of examination and approval, and exploring function combination in deeper level and establishing efficient, transparent trade management department with high-quality service, based on the practical administrative management of construction system.
I. Meaning of administrative examination and approval and Significance of reform.
Administrative examination and approval means that the administrative organ qualifies a citizen, a legal person or other organizations, according to their applications, to engage in certain activities, after examination by law. Reform of administrative examination and approval is necessary for establishing and perfecting the system of socialist market economy, transforming functions of government and improving administrative efficiency and management level, adapting to WTO as well as controlling corruption and constructing incorrupt and efficient civil servant group.
II. The necessity and urgency of reform of administrative examination and approval system in construction system.
Construction system is a functional department, which synthetically manage the construction cause in urban and rural areas. On the one hand, it is related to the interests of the people, and on the other, it is closely related to the overall increase of local economy. It is imperative to reform the current examination and approval system in construction system, both for building a harmonious society and for constructing service-typed government.
III. The basic situations of reform of administrative examination and approval system in construction system.
1. In the last few years, 272 projects of administrative examination and approval in all were cleared, 196 of them concerned economic management affairs, 34 of them concerned social management affairs, and 42 of them concerned administrative affairs. Construction departments in every province shall carefully carry out the spirit of State Council and Ministry of Construction conscientiously, and clear administrative permitted projects according to the requirement of Administrative Permission Law. The reform situation of provincial-level construction department is briefly introduced here by taking construction department of Jilin Province as an example. In May 2005, the Administrative Examination and Approval Office in Construction Department of Jilin Province was formally established. It compressed the original administrative permission items into 29 from 51, and all these 29 items were centralized in Government Affairs Hall for handling. In June 2005, 5 examined and approved projects were cancelled and transferred to a lower level as county (city) ones, and 14 items of first examination right were entrusted to county (city), in order to support the economic development in county areas. In August 2005, it is determined to entrust 11 items of examination and approval right, including the right for examining and approving the qualification of real estate development enterprises of level three and those of lower levels, etc., to Yanbian Korean Autonomous Prefecture, which would represent the Construction Department to exercise the right of examination and approval. In November 2007, the right for examining and approving the qualification of real estate development enterprises of level three and those of lower levels was transferred to the lower level again.
IV: The problems faced by reform of administrative examination and approval system in construction system at present.
1. The regulations for administrative examination and approval are lagging and the discretion right is excessive. At present, part of examination and approval items in construction system, which has too much randomness, still lack regulations and criteria for Administrative Permission Law. In addition, it is lack of scientificity, rationality and feasibility. Handling person of examination and approval has quite much discretion right, which is favorable to breeding of corruption.
2. Too much examination and approval work needs to do, and the process is complicated, nonstandard and lack of transparency. At present, certain problems still exist in construction system: first, work of examination and approval in construction department is relatively too much, and the process is complicated and inefficient. Second, although government affairs centers and convenient centers are established in many places, the nonstandard phenomena still exist in the process of examination and approval.
3. The phenomenon that examination and approval department pays attention to examination and approval but neglects supervision is still quite serious.
4. The functions of examination and approval system still need to be perfected.
5. Problems exist in streamlining administration and delegating power to lower level: (1) The transversal administration and longitudinal business management are not consistent. (2) Institutions are established randomly and criteria are enhanced optionally. (3) Because the power for examination and approval is excessive, personnel is deficient, and relating management does not adaptive, so it is more difficult in handling affairs. (4) There is less work but more personnel (many of them are quite professional) in provincial government, which cause a great waste of talent resources.
V. Countermeasures for reform of administrative examination and approval in construction system.
1. Perfecting all regulations to realize examination and approval by law. The administrative departments of construction in each place shall establish perfect systems for Administrative Permission Law, according to the demand for implementing Administrative Permission Law, in combination of practice. On establishing relating systems, the construction departments shall pay attention to: (1) Legalization of standard conditions. (2) Scientization of standard conditions. (3) Rationalization of standard conditions.
2. Reducing the events and simplify the process of examination and approval, and carrying out relatively centralized pattern of examination and approval to enhance working efficiency. (1) Persisting in the market principle and reducing the number of examination and approval departments. On the one hand, whether these departments can be combined or not, according to their functions. And on the other, whether the establishment of projects, which do not concern emphasized ones of state, can be separated from State Development and Reform Commission or not, and to be established by departments of trade. (2) Clearing the enforcement agencies of administrative permission by law. (3) Establishing power limit and process of examination and approval by law. (4) Go on carrying out the relatively centralized pattern of examination and approval. Bringing all administrative permissions concerned in project construction into service center, to ensure to provide“one-stop”service of examination and approval.
3. Strengthening the supervision on examination and approval, and responsibility mechanism. (1) Strengthening the process of examination and approval. 1) Perfecting internal supervision mechanism and carrying out the“system of first-handle-responsible”. 2) Establishing external supervision mechanism. 3) Doing more efforts in“responsibility-seeking system”of examination and approval. (2) Strengthening the follow-up supervision of examination and approval. 1) Perfecting supervision mechanism. 2) Establishing self-discipline mechanism of enterprise and forming the self-restraint mechanism of enterprise. 3) Investigating the legal liability of permitted person or relating person concerned. 4) Strengthening the construction of visible building market and standardizing the orders of building market. 5) Striking various kinds of behaviors that destroy the order of market economy, and unblocking regional blockade, to form an open, competitive and orderly market.
4. Actively developing electronic government and strengthening construction of carriers. (1) Developing trade management system to establish credit files of enterprises and personnel. (2) Actively carrying out on-line declaration and on-line examination and approval to realize the centralized management of information of cross-regional administrative examination and approval. (3) Establishing databases of enterprises and technicians, and carrying out dynamic management and realizing resource sharing. (4) Actively integrating resources, speeding up the construction of network information and perfecting portal website of construction department.
5. Strengthening the follow-up supervision and management after streamlining administration and delegating power to lower level. Along with the decentralization of right limit of administrative examination and approval, every grass-root construction department shall strengthen in following aspects: (1) Strengthening the training of specialized knowledge for personnel who handle administrative examination and approval in basic level. (2) Reducing regional blockade and increasing burden of enterprise artificially. (3) Strengthening the follow-up supervision and management.
引文
1彭向刚《论行政审批制度改革与政府职能重新配置》《学术研究》2003 年第 9 期
1许勇《行政审批制度改革论》《行政管理学前沿问题》2004 年 4 月
2许勇《行政审批制度改革论》《行政管理学前沿问题》2004 年 4 月
1彭向刚《论行政审批制度改革与政府职能重新配置》《学术研究》2003 年第 9 期
1赵早早《建设系统行政审批制度改革研究》《当代经济管理》200 年第 1 期
1赵早早《建设系统行政审批制度改革研究》《当代经济管理》200 年第 1 期
1 连维增《进一步转变政府职能 迎接加入世贸组织挑战》
1 1郁达非《行政审批制度改革必须深化》《城乡建设》2005 年第 2 期总第 365 期
1毛寿龙《中美行政审批制度及其改革之比较》《安徽决策咨询》2001.5
2赵早早《建设系统行政审批制度改革研究》《当代经济管理》200 年第 1 期
[1]许 勇:《行政审批制度改革论》,《行政管理学前沿问题》,2004.04。
[2]彭向刚:《论行政审批制度改革与政府职能重新配置》,《学术研究》,2003.09。
[3]王克稳:《行政审批制度的改革与立法》,《政治与法律》,2002.02。
[4]高 帆:《市场经济与行政许可制度》,《中国法学》,1994.03。
[5]黄仕红:《行政审批制度改革的法律思考》,《人大研究》,2002.01。
[6]毛寿龙:《中美行政审批制度及其改革之比较》,《安徽决策咨询》,2001.05。
[7]徐湘林:《行政审批制度的体制制约与制度创新》,《国家行政学院学报》,2002.06。
[8]周新楣:《对当前行政审批制度改革的几点思考》,《四川行政学院学报》,2002.05。
[9]徐晓林:《试论中国行政审批制度改革》,《中国行政管理》,2002.06。
[10]唐晓阳:《审批制度改革是政府机构改的一项重要内容》,《地方政府管理》,2000.04。
[11]正 直:《行政审批制度改革势在必行》,《北京物价》,2002.10。
[12]王 健:《关于行政审批制度改革的若干思考》,《广东行政学院学报》,2001.06。
[13]朱慧涛:《日本行政审批制度的启示》,《地方政府管理》,2001.03。
[14]李郁芳:《关于政府审批制度的思考》,《管理世界》,2001.04。
[15]寇炳灿 孔祥敬:《关于行政审批制度改革的动因和目标》,《中国行政管理》,2002.8。
[16]郁达飞:《行政审批制度改革必须深化》,《城乡建设》,2005.02。
[17]柳斌杰:《WTO 协议解读》,四川人民出版社,2001.5。
[18]张鑫:《加入 WTO 后我国行政审批制度的改革》,《行政论坛》,2002.05。
[19]林鑫:《我国行政审批制度改革建议》,《合作经济与科技》,2006.10。
[20]雍继敏 陈潮生 李志霞:《行政审批制度改革的基本价值取向》,《成都行政学院学报》,2004.04。
[21]王国海 吴洪涛:《行政审批制度改革的新取向-从新公共管理的视角》,《甘肃行政学院学报》,2003.02。
[22]范少虹 王丽辉:《论行政审批制度改革中存在的问题及对策》,《安徽广播电视大学学报》,2006.03。
[23]杨天宇:《中外政府行政审批制度比较研究》,《上海经济研究》,2002.12。
[24]边维增:《进一步转变政府职能 迎接加入世贸组织挑战》,《国家干部人事管理制度改革创新实务手册》,200.02。
[25]赵早早:《建设系统行政审批制度改革研究》,《当代经济管理》,2006.01。
[26]程胜利:《行政审批制度改革的现实与取向》,《决策探索》,2002.08。
[27]孙积港:《加快政府管理体制规范化建设》,《中国公务员》,2002.03。
[28]黄长杰:《对改革行政审批制度的思考》,《行政与法制》,2002.01。
[29]王庆华:《试论当前我国行政审批制度的缺陷及改革对策》,《新疆财经学院学报》,2003.02。
1许勇《行政审批制度改革论》《行政管理学前沿问题》2004 年 4 月
2许勇《行政审批制度改革论》《行政管理学前沿问题》2004 年 4 月
1彭向刚《论行政审批制度改革与政府职能重新配置》《学术研究》2003 年第 9 期
1赵早早《建设系统行政审批制度改革研究》《当代经济管理》200 年第 1 期
1赵早早《建设系统行政审批制度改革研究》《当代经济管理》200 年第 1 期
1 连维增《进一步转变政府职能 迎接加入世贸组织挑战》
1 1郁达非《行政审批制度改革必须深化》《城乡建设》2005 年第 2 期总第 365 期
1毛寿龙《中美行政审批制度及其改革之比较》《安徽决策咨询》2001.5
2赵早早《建设系统行政审批制度改革研究》《当代经济管理》200 年第 1 期
[1]许 勇:《行政审批制度改革论》,《行政管理学前沿问题》,2004.04。
[2]彭向刚:《论行政审批制度改革与政府职能重新配置》,《学术研究》,2003.09。
[3]王克稳:《行政审批制度的改革与立法》,《政治与法律》,2002.02。
[4]高 帆:《市场经济与行政许可制度》,《中国法学》,1994.03。
[5]黄仕红:《行政审批制度改革的法律思考》,《人大研究》,2002.01。
[6]毛寿龙:《中美行政审批制度及其改革之比较》,《安徽决策咨询》,2001.05。
[7]徐湘林:《行政审批制度的体制制约与制度创新》,《国家行政学院学报》,2002.06。
[8]周新楣:《对当前行政审批制度改革的几点思考》,《四川行政学院学报》,2002.05。
[9]徐晓林:《试论中国行政审批制度改革》,《中国行政管理》,2002.06。
[10]唐晓阳:《审批制度改革是政府机构改的一项重要内容》,《地方政府管理》,2000.04。
[11]正 直:《行政审批制度改革势在必行》,《北京物价》,2002.10。
[12]王 健:《关于行政审批制度改革的若干思考》,《广东行政学院学报》,2001.06。
[13]朱慧涛:《日本行政审批制度的启示》,《地方政府管理》,2001.03。
[14]李郁芳:《关于政府审批制度的思考》,《管理世界》,2001.04。
[15]寇炳灿 孔祥敬:《关于行政审批制度改革的动因和目标》,《中国行政管理》,2002.8。
[16]郁达飞:《行政审批制度改革必须深化》,《城乡建设》,2005.02。
[17]柳斌杰:《WTO 协议解读》,四川人民出版社,2001.5。
[18]张鑫:《加入 WTO 后我国行政审批制度的改革》,《行政论坛》,2002.05。
[19]林鑫:《我国行政审批制度改革建议》,《合作经济与科技》,2006.10。
[20]雍继敏 陈潮生 李志霞:《行政审批制度改革的基本价值取向》,《成都行政学院学报》,2004.04。
[21]王国海 吴洪涛:《行政审批制度改革的新取向-从新公共管理的视角》,《甘肃行政学院学报》,2003.02。
[22]范少虹 王丽辉:《论行政审批制度改革中存在的问题及对策》,《安徽广播电视大学学报》,2006.03。
[23]杨天宇:《中外政府行政审批制度比较研究》,《上海经济研究》,2002.12。
[24]边维增:《进一步转变政府职能 迎接加入世贸组织挑战》,《国家干部人事管理制度改革创新实务手册》,200.02。
[25]赵早早:《建设系统行政审批制度改革研究》,《当代经济管理》,2006.01。
[26]程胜利:《行政审批制度改革的现实与取向》,《决策探索》,2002.08。
[27]孙积港:《加快政府管理体制规范化建设》,《中国公务员》,2002.03。
[28]黄长杰:《对改革行政审批制度的思考》,《行政与法制》,2002.01。
[29]王庆华:《试论当前我国行政审批制度的缺陷及改革对策》,《新疆财经学院学报》,2003.02。