控权:风险社会语境下中国行政法的理性选择

Control: Rational Choice of Chinese Administrative Law under the Context of Risk Society

当今全球已进入了风险社会。此背景下行政法学理论基础的选择对于行政法的发展以及实施具有重大的指导意义。随着依法治国战略的实施,行政控权理论不断完善和发展。为真正体现行政权的本质、作用、功能,为保障民主制度、保障公民权,我国行政法应该强调控权理论,保证行政权力在法律设定的范围内行使,并受到法律的监督制约。要使行政执法依法进行,保证行政相对方的权利少受侵害,行政控权势在必行。控权理论是风险社会下中国行政法实施的重要理论基础。

Based on the risk theory, the whole world has entered into a risk society. In this context, the choice of the theoretical basis of administrative law has great guiding significance to its development and the im- plementation. With the applying of the strategy of rule by law, administration control theory is improving and de- veloping. To reflect the essence of the executive power, the role, function truly, and for the protection of democ- racy and civil rights, the administrative law in China should stress on the control of administration theory to guar- antee the exercise of administrative power within the scope of law and supervised by law. To make the enforce- ment of administrative law in accordance with law, and to guarantee the rights of administrative opposite party less infringed, it is imperative to conduct administrative control. Control theory is the important theory in the risk society under the Chinese administrative law.