行政法中的法律优先原则研究

A Research on the Law Priority Doctrine in Administrative Law

法律优先原则是依法行政的重要组成部分,旨在限制行政权之滥用,保障公民的基本权利。它具体包括“根据(法律)”和“不相抵触”两个派生性原则。在我国,法律优先原则已得到运用与体现,但监督机制存在诸多缺失与不足,亟待进一步改进和完善,以充分发挥该原则在我国行政法治实践中的应有作用。

The principle of law priority, as the important component of administration according to law, aims at limiting the abuse of the executive power and ensuring the citizen's fundamental right. It includes concretely two deriving principles such as 'according to (law)' and 'no conflicting'. In our country, The principle of law priority has already been used and reflected, but its supervision mechanism has a great deal of disappearances and deficiencies. So, we demand urgently to improve and perfect this principle further, in order to give full play to this principle in practice governed by law of the administration of our country.