低強度行政審查的協同性

The Coordination of Low-intensity Administrative Examination

低強度行政審查下得出的有限事實與行政行為“事實清楚” 的要求存在某種張力，應解決協同性問題。功能主義視角下，提高效率形成的低強度行政審查產生並主要存在于依申請行政行為領域。低強度行政審查滿足了“放管服” 改革需求，並回應了由此帶來的監管挑戰。在規範主義層面，結構性制約決定了低強度行政審查不會消失且與行政登記聯繫密切。低強度行政審查的協同性有賴於配套的事中、事後監管制度。低強度行政審查作為一種認定法律事實的機制，所得出的有限事實可視為“ 法律事實清楚”，由此，低強度行政審查與行政法體系的緊張關係可得以消解。低強度行政審查的運行需要司法審查和行政執法責任制的配套改革。

There is a conflict between the limited facts obtained under low-intensity administrative examination and the requirement of “clear facts” in administrative actions, and coordination issues should be addressed. From the perspective of functionalism, improving efficiency leads to low-intensity administrative examination, which mainly exists in the field of application based administrative actions. Low-intensity administrative examination has met the needs of “streamlining management and serving” reform and responded to the regulatory challenges brought about by it. At the normative level, structural constraints determine that low-intensity administrative examination will not disappear and is closely related to administrative registration. The coordination of low-intensity administrative examination also comes from the supporting system of in-process and post-supervision. Low-intensity administrative examination can be seen as a mechanism for defining legal facts, and the limited facts obtained can be seen as “clear legal facts”, thus eliminating the tense relationship between low-intensity administrative examination and the administrative law system. The smooth operation of low-intensity administrative examination cannot be separated from the coordinated reform of judicial review and administrative law enforcement responsibility system.