行政权的边界——“崔英杰案”的法理学考量

On the Boundary of Executive Power——A jurisprudence analysis on"the case of Cui Yingjie"

崔英杰案暴露出行政权与公民权的紧张关系,其间所蕴涵的行政执法权限问题,有待进一步探讨。以公民生存权为代表的基本人权,是行政权限制的首要因素。行政权应当在制定法的框架下运作,并且行政权运作所依据之法律是良法。行政权的德性限度是站在积极的立场下,从促进行政权有效运作的角度对行政权演进的一个前瞻。

The case of Cui Yingjie exposes the conflict between executive power and rights of citizens. It is of significance to discuss the boundary of executive power. Basic human rights as the representation of survival right are the primary limitation of executive power. The exercise of the executive power should be in accordance with the positive law and the administrative law should be good law. Under the positive view of promoting the efficiency, the limitation of virtue is a foresee of executive power.