现代行政法的理论基础——公共利益与个体利益协调论

Theoretical Basis of Modern Administrative Law

公共利益与个体利益协调论是指 :行政法通过对行政权力和公民个人权利的合理配置 ,使行政机关和公民的利益在行政权行使过程中都能得到充分反映 ,从而达到公共利益与个人利益的协调状态。这一理论较之平衡论、公共利益本位论、控权论和管理论有较大合理性。为实现公共利益与个体利益的协调 ,必须完善行政程序 ,尤其是在行政立法环节应对二者有充分的考虑。

The theory of conciliation of public interest and private interest means that through reasonable arrangement of administrative power and private right, administrative law makes the interest of both administrative agency and citizen fully manifested in the process of exercising administrative power, reaching a state of conciliation of public interest and private interest This theory is more reasonable compared with balancing theory, standard public interest theory, the theory of controlling administrative power and the theory of regulation In order to conciliate public interest and private interest, we should perfect administrative procedure, giving full consideration to these two kinds of interests, especially in the phase of administrative legislation