论行政法的平等理念——概念与观念

On Equality Ideas of Administrative Law:Concepts and Conceptions

行政法中的平等是一个相对和动态的概念①,它不仅意味着行政主体平等对待行政相对人,而且还意味着行政主体与行政相对人之间的相互平等。改变行政法现状首先在于确立行政主体与行政相对人相互平等的观念,具体体现为行政主体与行政相对人在人格、地位、法律适用以及权利义务分配方面的平等,它排斥矫情的“公仆”观念。

Equality ideas of administrative law is a relative and dynamic concept. It includes formal euality and essential equality. It means not only that the government treats the citizens equally but also the equality among the citizens. To change the present conditions of Chinese administrative law, the first mission is to construct the equality conceptions between the government and the citizens. It can be defined as the equality on the personality, the status, the application of law and the distribution of the duties and rights between the government and the citizens. The factitious “public servant” concepts ought to be turned around.