法律控制行政权力的主体路径

Who Shall Exercise Legal Control Over Administrative Power

法律控制行政权力是现代民主政治的必然要求,但现有研究成果往往局限于关注如何监督,忽略了应当监督谁、应当由谁来监督这些重要问题。基于我国行政权的特性及我国的现有国情,所有实际行使行政权力的主体都应当是法律规制的对象,即国家、执政党、行政机关、授权组织和公务法人;同时,现有监督主体如权力机关、特定行政机关、司法机关要遵循权责一致原则切实履行法定监督职责,社会监督主体亦应创造性地发挥监督作用。

Legal control over administrative power is a requirement of modem political democracy. However, much that has been debated centers only on how to exercise control but leaves out the prerequisite： who is subject to control and who shall exercise control. This is worthy of reconsideration since at present the administrative power is not well supervised. Given the features of China＇s administrative power and China＇s specific political situation, all those that exercise de facto administrative power, （i. e. the state, the ruling Party, administrative agencies, authorized organizations and public corporations） should be subject to legal regulation. Moreover, all those that have supervisory power, （e. g. competent agencies, special executive organs, and judiciary） must comply with the principle that powers consist with duties, thus to exercise their legal supervisory power faithfully. Social supervisory agencies shall also creatively fulfill their supervisory functions.