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行政审批作为我国传统行政管理体制下的产物,尽管历经多轮改革,但仍然面临诸多困境。有效地化解以上困境,需要我们在行政管理、行政法乃至市场经济等领域做出革新。在此方面,自贸区的设立,对于以上领域的革新具有重要的推动作用。自贸区引入的“负面清单”等创新制度,对于政府的管理理念、干预市场主体行为的具体范围等都会带来许多积极影响。借鉴自贸区业已实现以及即将实现的法治改革经验,我国行政审批领域不仅应当在基本理念上从管制行政向服务行政方面转变,而且应当在公共行政的科学化,以及行政审批具体机制、规则的服务化方面作出努力。
Administrative examination and approval as a product of China’s traditional administrative system, despite many rounds of reform, but still faces many difficulties. To effectively resolve the above difficulties requires us to make innovations in areas such as administration, administrative law and even market economy. In this regard, the establishment of a free trade zone plays an important role in promoting innovation in these areas. The introduction of innovative systems such as the “negative list” introduced by the FTZ will have many positive effects on the government’s management philosophy and on the specific scope of intervention in market players. Drawing on the experience of reforming the rule of law already achieved in the free trade area and the imminent realization of the rule of law reform, the field of administrative examination and approval in our country should not only change from the administrative control to the service administration on the basic idea, but also should be scientifically implemented in the public administration and specific mechanisms and rules Service-oriented efforts.