摘要:
行政区划是大政国基，是党领导人民依据宪法和法律，推进国家治理体系和治理能力现代化的基础和手段。行政区划具有空间属性和相对独立的行政建制，从而打造出国家的空间治理格局，支撑国家的整体组织和系统运行。这一制度在我国具有两千多年的悠久历史。新中国成立尤其是改革开放以来，行政区划不断改革创新，已从基本行政区拓展到功能行政区，不仅具有重要的政治性功能，还具有极强的行政性功能，成为政府促进经济社会变革转型、城市化进程和区域发展的重要抓手，为我国的现代化建设作出了突出贡献。但由于研究滞后和行政法调整范式的局限，行政区划大部分游离于行政法的调控之外。基本行政区与功能行政区缺乏统筹管理，空间资源与权力资源配置重复交叉，影响国家的均衡发展，行政区划调整过程中涉及的多元利益尤其是相对人的利益没有得到很好的保护。鉴于此，可从行政区划的实践着手，并以其行政性功能为视角，探讨行政区划的内涵外延、对行政区划进行行政法调控的必要以及行政法如何对行政区划实施调控等，通过加强对行政区划法律问题的研究，为行政区划的行政法调控提供基本思路，推动行政区划的法治化进程。
Abstract:
Administrative division is the foundation of the State, the basis and means by which the Communist Party of China leads the people to promote the modernization of the State's governance system and capacity in accordance with the Constitution and the law. Administrative divisions have spatial attributes and a relatively independent administrative structure, thus creating a national spatial governance pattern and supporting the overall organization and systematic operation of the State. The administrative division system has a long history of more than 2, 000 years in China. Since the founding of New China, and especially since the reform and opening up of China, administrative divisions have been constantly reformed and innovated. Administrative divisions have expanded from basic administrative districts to functional administrative districts, which not only have important political functions, but also have powerful administrative functions. It has become an important means for the government to promote economic and social change and transformation, urbanization process, and regional development, and has made outstanding contributions to the modernization of China. However, due to the lag in research and the limitations of the administrative law adjustment paradigm, most of the administrative divisions are outside the regulation of the administrative law. The lack of integrated management of basic and functional administrative districts, the duplication and intersection of spatial and power resources result in the imbalance of the development of the country, and the multiple interests involved in the process of adjusting administrative districts, especially the interests of the relative people, have not been well protected. In view of this, this paper starts from the practice of administrative division, with the administrative function as the perspective, discusses the connotation and extension of administrative division, the necessity of administrative law regulation of administrative division, and how the administrative law can implement the regulation of administrative division and other issues. By strengthening the research on the legal problems of administrative division, this paper provides basic ideas for the administrative law regulation of administrative division and promotes the rule of law of administrative division.
百度学术
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