论行政法的理论基础

On the Theoretical Basis for Administrative Law

行政法的理论基础问题一直是行政法学界争论不休的问题。笔者在对"管理论"、"控权论"和"平衡论"进行反思和评析的基础上,认为,"公共利益本位论"在本质上反映了行政法的理论基础、合理地确定了行政法的理论体系、反映了行政法的各种现象、符合行政法发展的规律,适应我国行政法建设和发展的实际。

Theoretical basis for administrative law has been an issue in debate for a long time in the academic circle of administrative law. Based on his reflections and analysis about ＂management theory＂, ＂theory of control＂ and ＂theory of balance＂, the author of this paper holds that ＂the ontology of public interest＂ essentially reflects the theoretical basis for ad- ministrative law, rationially defines theoretical system of the law and mirrors various phenomena of the law ;therefore,it conforms to the development law of administrative law and meets the reality of the building and development of administrative law in China.