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传统行政组织法在行政主体理论范式下,以控权为核心,主要解决行政诉讼被告、职责职权如何锁定等主体合法性问题。随着社会功能的分化和自治能力的增强,传统行政组织法必须自我增量,行政组织法亦当发挥作为推进纵向分权、横向分工、行政与社会分权的符号与工具的功能。当前,面临现代国家行政任务的多元化和复杂化,行政组织法还应当关注各种行政组织形态的基本样貌及其类型化特质,并从事其与特定行政任务之间匹配性、关联度的研究作业。公共行政组织的合法化、最佳化(正确化)构建也是一种重要的“生产力”。
Under the administrative subject theory paradigm, the traditional administrative organization law takes the control as the core and mainly solves the subject legitimacy issues such as the defendants in administrative litigation and how the functions and powers are locked. With the differentiation of social functions and the enhancement of autonomy, the traditional administrative organization law must be self-increasing. The administrative organization law should also serve as a function of the symbols and tools for promoting vertical decentralization, horizontal division of labor, administration and social decentralization. At present, faced with the diversification and complexity of administrative tasks in modern countries, the law of administrative organizations should also pay attention to the basic features and typological characteristics of various administrative organizations and engage in the matching and correlation with certain administrative tasks Study homework. The legalization and optimization (correctness) of public administration organizations are also an important “productivity ”.