论行政立法裁量中利益沟通的法治价值——从亚里士多德的法治观说起

On Value of Rule of Law of Interest Communication in the Discretion of Administrative Legislation——Based on Aristotle's Rule of Law

亚里士多德法治观的精髓在于立法者所制定的法律必须是良法并且应当被普遍遵守。秉承此意,行政立法裁量中利益沟通的法治价值有二:一是利益沟通有助于行政立法裁量所立之法为良法;二是利益沟通有助于行政立法裁量所立之法获得普遍服从。

The essence of Aristotle＇s rule of law lies in laws legislators make must be good laws and should be generally observed. Following this ideal value of rule of law of interest communication in the discretion of administrative legislation has two aspects： Firstly, the interest communication can help discretion of administrative legislation make good laws ; Secondly, the interest communication can help the laws made by discretion of administrative legislation be generally observed.