论公民个人监督行政执法

On Citizen's Individual Supervision over Administrative Law Enforcement

公民个人监督行政执法的正当性来于人民主权原则和"一切权力属于人民"原则,有充分的宪法依据,符合法的运行轨迹和法治的意蕴。现有制度缺陷是视公民为"利己者",监督行为被动滞后,监督重理念轻制度,监督渠道单一,与权利理论和复议、诉讼制度的关系亟待理顺。完善公民个人监督行政执法的制度应多方面拓展监督渠道,继续深入政务公开,激励公民监督热情,强化行政机关监督责任,适时建立公民监督组织。

Stemming from the people＇ s sovereignty principle, the legitimacy of citizen＇ s individual supervision over administrative law enforcement has a sufficient constitutional basis and is in line with the implication of the rule of law. There are some defects in the current system concerning citizen＇ s individual supervision over administrative law enforcement, such as, seeing citizens as selfish individual, the overseeing is passive lag and is behindhand, stressing overseeing ideas and neglecting overseeing system, the single mode of supervision and the fuzzy relations among the fight theory, the administrative review system and the litigation system. It is necessary for improving citi- zen＇s individual supervision over administrative law enforcement to expand channels of supervision, to make government affairs more open, to inspire citizen the enthusiasm of supervision, to strengthen the administrative responsibilities of governments and to establish timely citizen oversight organizations.