论法律优越原则

On the Principle of Law Superiority

行政法理论一般认为依法行政原则是行政法的基本原则 ,然而 ,对作为其重要内容的法律优越原则却存在较大歧见。理解法律优越的准确含义必须符合现代实质法治主义理念的要求 ,故文章提出 ,法律优越中的法律应当包含作为法律之一般精神的人性尊严的尊重、平等保护、明确性与可预测性、禁止过分。

In general, the theory of administrative law stand for that the principle of administration according to law is basic principle of administrative law, however, the difference is serious in the principle of law superiority which is a important content of administrative law. Because it must suit for the demand of the notion of modern substance rule by law in order to understand the accurate meaning , so this thesis think that the law which is in law superiority should contain the contents that are common spirit of law ,including the respect of human nature dignity ,equal protection ,definition and calculability, trust protection and openness.