我国引进特别权力关系理论之反思

Reflection on Bringing The Theory of Relationship of Special Power to China

国外的特别权力关系理论的生成有其历史原因,随着社会的变迁,该理论在国外已得到发展和修正。我国目前不需要引进这一传统理论,而应通过行政主体制度的完善和自由裁量权制度的构建,进一步整合我国的相关法律制度,以实现法治、公正与行政效率的平衡。

The theory of special power relationship created in a specific phase in foreign countries and with the social development,the theory has been developed and modified. As for our country, present background demonstrates that we do not need the traditional theory. However, we should do further work to re-regulate our present related laws and regulations by improving the instuitions of administrative subject and constructing the instuitions of discretion right in order to realize the balance between rule of law,justice and administrative efficiency.