略论行政控权

Tentatively on Control of the Administrative Power

行政权力的行使必须受到法律的制约,在法律设定的范围内进行。不受法律约束的权力会导致权力的滥用,形成权力腐败;不受法律约束的权力是人治的典型体现,与法治水火不容。为了使行政执法依法进行,行政相对方的权利尽量少受侵害,行政控权势在必行。从这个意义上说,控权是行政法实施的基础。

Administrative powers must be restricted by law and be exercised within the ambit of law. Without restrictions, power is absolutely abused and corruption is bound to occur. If we do not put power under the control of law, it means to rule the country by man, which is contrary to the notion of ruling the country by law. So the administrative power must be put under the control of law in order that the rights of the executive and the executed are less impaired. At this point, control of power is of vital importance to the enforcement of administrative law.