行政法哲学的核心问题:政府存在和运行的正当性——兼论“政府法治论”的精髓和优势

Core Questions of Administrative Law Philosophy:Rationality and legitimacy of the Existence and Operation of the Government,With a Discussion of the Quintessence and Advantages of "the Theory of the Government's Rule by Law"

研究部门法哲学具有深远意义,探讨行政法哲学实际上就是探讨行政法的理论基础,探讨行政法发展的基本思想脉络。"政府法治论"是一种具有全面性、开放性、系统性、动态性的行政法哲学思想,与其他行政法哲学流派相比它具有自己的优势,可以成为我国建设法治政府的有用的指导思想。政府法治论的核心思想由五句话组成:即政府依法律产生、政府由法律控制、政府依法律治理并为人民服务、政府对法律负责、政府与公民法律地位平等。

Research into divisional or departmental law philosophy is of far - reaching significance. Exploring administrative law philosophy actually means exploring the theoretical basis of administrative law and primary thread of thought of its development. “The Theory of the Government＇ s Rule by Law” is a kind of comprehensive, open, systematic, and dynamic philosophical thought of administrative law. Possessing its own superior qualities if compared with other schools of administrative law philosophy, this theory is likely to become the feasible thought guiding the building up of a government ruled by law in China. The core thought of “The Theory of the Government＇ s Rule by Law” consists in five sentences ： The Government is made to come into being in accordance with law; it is controlled by law; it rules by law and serves the people; it is responsible for law; it is on an equal legal footing with the citizens.