行政法的嬗变:由公法到公私法合一

The Conversion of Administrative Law: From Public Law to Public and Private Law in One

公法私法的融合趋势、弱权力和非权力行政领域的出现、行政权力权利化和职责化、平等型行政法律关系的生成和拓展等因素,导致作为传统公法的行政法正逐步嬗变为集公法私法于一体的法律部门。私法介入行政法必须遵循法定、私法优先等基本原则。行政法的私法化不是全方位的,它受权力弱化、平等理念的深化、权力职责化、行政公共性和服务性理念的拓展等因素的掣肘。

As a result of the trend of combination of public and private laws, the emergence of weak authority and non-authorlty administrative fields, the from- power- to- right converting and being obligation of administrative power and the form and expansion of equal administrative legal relations, etc. , the administrative law, as a traditional public branch of law, is gradually changing into a branch of law that embraces both public and private laws. The intervention of private law into the administrative law must comply with the fundamental principles of stipulating by law and priority of private law. The privatization of administrative law is not all-sided, which is subject to the weakening of authority, the deepening of the idea of equality, the being obligation of authority, and the extension of the idea of the public and service nature of administration.