行政法哲学中的公共利益本位论

On the Public Interest Standard Theory in Administrative Jurisprudence

在公共利益本位论的立论过程中,行政主体被不恰当地直接等同于公共利益主体,而且存在着价值判断与事实判断的混淆问题,这些弱点使得该理论没有给个人利益与权利留下应有的空间。在倡导者为之提供的理论根据中,唯有公共利益与个人利益的一致关系是一个合理的、但却需要进一步明确的论点。基于对这种利益一致关系及其有限性的具体分析,行政法中公共利益本位论的合理性与必要性可以得到真正的说明。

In making the point of the public interest standard theory, there are several weakness that the administrative subject was improperly considered as being direct equivalent to the subject of public interest, and there exists the confusion between value judgment and fact judgment, which make the theory have not any space to individual interests and fights. In theoretical basis of the advocate, the only rational while need to be further defined argumentation is the accordant relation between public and individual interest. Based on analysis to such accordance and its limitation, the rationality and necessity of the public interest standard theory in administrative law may be authentically explained.