概念、类型与特征:行政执法公信力初论

Concept,Type and Characteristics:The Credibility of Administrative Enforcement of Law

增强行政执法公信力是建设社会主义法治国家的必然要求。促进行政执法公信力的实现,必须明晰其基本理论,这涉及到行政执法公信力的概念、类型与特征。行政执法公信力是行政机关的信用与公众信任二者的统一,行政执法公信力的概念,即行政机关的信用与公众的信任是理解整个行政执法公信力理论的枢纽。行政执法公信力的实现,归根结底要靠其信用赢得公众的信任。在此基础上,依照公权力与公众之间的关系,行政执法公信力可分为专制威权型公信力、伦理习俗型公信力和利益契约型公信力三种。行政执法公信力具有国家代表性、双重主体及其交互性、法治制度性、具体性等特征。

Strengthening the credibility of administrative enforcement of law is the inevitable requirement of constructing socialist legal state. We must clearly understand the basic theory of the credibility of administrative law enforcement to promote the realization of the credibility, which involves the concept, types and characteristics of administrative enforcement of law. The credibility of administrative law enforcement includes credit of administration and trust of the public, which are key to understanding the theory of the credibility of administrative law enforce- ment. The realization of credibility depends on its credit to win the trust of public. On this basis, according to the relationship between administrative power and the public, the credibility of administrative law enforcement can be classified into three types ： dictatorial regime, ethical custom and interests compact. It has four features of national representative, double main bodies and interactivity, the rule of law, and specificity.