试析政府的自利性及其法律控制

On Self-interest of Government and Its Legal Control

关于政府是否具有自利性的问题,学者们莫衷一是,本文认为无论从理论上还是在实践中分析,政府不可避免的具有自利性。但政府具有自利性的属性并不能抹杀其公共性的本质特征,自利性从属于公共性。尽管政府的自利性有其存在的客观性,但是如若任其肆意发展则必然危及政府存在的目的,因而对政府的自利性进行有效的法律控制是民主、法治国家的不二选择。

The question whether the government has self-interest, scholars are unable to agree. The author holds that the government inevitably has self-interest, no matter it is analyzed theoretically or practically. But the fact that the government has self-interest cannot write off its public substantive characteristics, since the government＇s self-interest belongs to its public characteristics. Although the government＇ s self-interest exists with its objective reason, it will surely endanger the goal of the government＇s existence if it is allowed to develop recklessly. Thus it is a necessary choice for democratic countries to keep the government＇s self-interest under effective legal control.