行政权的正当性证成——控权—服务论理论合理性

Demonstration on the Justification of Administrative Power

正当性问题具有普遍性,行政权的正当性命题是行政法的根本命题。行政权需要为自身的正当性辩护,从目的和发生的进路证成自身存在和运行的合目的性及合规律性。控权-服务论认为,行政法兼具控权功能与服务导向,为行政权的正当性确立了政府有界、服务为魂、政府有责、过程可控四大正当性标准,从而推进行政权从强制到权威的转变,证成行政权的正当性,同时,也证明了控权-服务论的理论合理性。

The problem of justification is universal. In administrative law, the justification of administrative power is the basic topic. Administrative power need to defend the justification of itself by demonstrating that its existence and operation both conform to the purpose and the law. Control - service theory considers that administrative law have both the two functions of power control and service - oriented, and establish four justification standards of limited government, service - oriented government, responsible government and controllable process to prove the change administrative power from a force to an authority. It also proves the justification of administrative power and the rationality of control - service theory.