论部门行政法的规范和调整对象

On the Object of the Regulations of Departmental Administrative Law

部门行政法的划分标准不是单一的，必须同时考虑其规范对象。法律形 式、职能权限等多种因素，若于因素综合在一起共同使部门行政法有了自己的内涵。确定 部门行政法的调整对象，也须从多种角度进行比较分析，部门行政法主要规范行政相对 人，以保护行政权为主旨，侧重调整管理关系或私权关系；行政法则主要规范行政主体， 以限制行政权为主旨，侧重调整行政关系或公权关系。部门行政法的体系构架可以有不 同的选择模式，从职权行使的主体、各类管理关系以及行政权的范畴等多种角度都可以 构架部门行政法体系。

The criterion of differentiating the departmental administrative Law is not u- nitary, therefore various factors - standardized object, legal form, sc op e of powers and au- thorities - must be considered simultaneously. A certain amount of factors which are put to- gether make the Deparimental Administrative Law to have its owns connotation. To decide the readjusted object of the Departmental Administrative Law, needs a comparison and an analysis from various angles. The Departmental Administrative Law mainly standardize the private party, with the principal aim in protecting the administrative authorities, and lays particular emphasis on adjusting the relations between the administration and the private rights; while the Administrative Law mainly standardizes the administrative subject, limiting the administrative authorities, and lays the emphasizes on the relations between the administration and the public authorities. The systematic frame of the Departmental Administrative Law may have various different selective patterns. From various angles--the suhject of the exercising authorities, various administrative relationship and the categories of the administrative authorities, there can frame the system of the departmental administrative law.