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本文试图从行政审批的私人性和公共性的角度分析其私人性成因 ,并探讨行政审批的公共性的合法归属。行政审批制度改革的难点在于行政审批权私人性扩大并覆盖了它的公共性 ,具有顽固地占有社会资源的倾向 ,这一倾向是行政审批改革的制度性障碍。公共性是行政审批的本质属性和归宿 ,因此 ,应构建以公共性为价值目标的新的行政审批制度。
This article attempts to analyze the causes of privateness from the perspective of the private and public nature of administrative examination and approval and discusses the lawful attribution of the publicity of administrative examination and approval. The difficulty of the reform of the administrative examination and approval system lies in the fact that the power of administrative examination and approval is expanded privately and covered its public nature, which tends to stubbornly occupy social resources. This tendency is a systematic obstacle to the reform of administrative examination and approval. Publicity is the essential property and destination of administrative examination and approval. Therefore, a new system of administrative examination and approval with publicity as its value should be established.