行政法原则的实现初探

Initial Discussion on Fulfillment of Principles of Administrative Law

行政法原则是我国行政法学体系中一个非常重要的问题,然而,行政法原则的理论和实践在行政法学体系和行政法治实践中却是一个十分困惑的问题,致使行政法原则的理论停滞不前,行政法原则的实践只是一个空泛的概念。基于此,探讨行政法原则的实现不仅必要而且是实现行政法治不可或缺的内容。本文从行政法原则实现的理论和实践等方面对行政法原则的实现作了系统探讨,包括行政法原则实现的内涵、行政法原则未实现状态分析、行政法原则实现与行政法治的新进路等。

Principles of administrative law is a very important issue in China＇ s system of administrative jurisprudence. However, the theory and practice of principles of administrative law are puzzling issue in system of administrative jurisprudence and the practice of rule of administrative law, which causes stagnation in the theory of principles of administrative law and causes that the practice of principles of administrative law is only a vague and general concept. Thereby, discussion on fulfillment of principles of administrative law is not only necessary but also indispensable contents of fulfillment of rule of administrative law. The article systematically discusses fulfillment of principles of administrative law from the aspects of the theory and practice of the said fulfillment, including the connotation of fulfillment of principles of administrative law, the analysis of unfulfilled state of principles of administrative law and new accesses to fulfillment of principles of administrative law and rule of administrative law.