行政法治范畴的再认识

Re-understanding of the Scope of Administrative Rule of Law

中华人民共和国成立以来,行政法治的发展既有力支撑和推动了我国整体的法治建设事业,也促进了社会的良性运转。我国行政法治的再发展,既要解决一系列具体体制机制构建和完善的问题,也要在观念层面上不断丰富关于行政法治范畴的认识。与西方行政法治相比,我国行政法治在范畴构成上是十分丰富的。从横向上看,行政法治包括立法规范行政、司法审查行政、行政互相分工以及社会监督行政等多个面向和维度上的内容;从纵向上看,行政法治则是包括心理(道德)、制度以及行为等在内的多层次范畴,分别对应的是以人民为中心的行政理念、健全和优良的行政法制以及实际被约束的行政活动。在对我国行政法治范畴进行再认识的过程中,尤其需要注重提炼和总结具有中国品格的行政法治要素。

Since the founding of the People's Republic of China,the development of administrative rule of law has not only strongly supported and promoted the overall construction of the rule of law in China,but also promoted the benign operation of society.The re-development of administrative rule of law in our country not only needs to solve a series of specific system and mechanism construction and improvement problems,but also needs to enrich the understanding of the scope of administrative rule of law on the concept level.Compared with the western administrative rule of law,China's administrative rule of law is very rich in category composition.From the horizontal point of view,administrative rule of law includes many aspects and dimensions,such as legislative regulation of administration,judicial review of administration,administrative division of labor and social supervision of administration.From the vertical point of view,the administrative rule of law is a multi-level category including psychology(morality),system and behavior,corresponding to the people-centered administrative concept,sound and excellent administrative legal system and actual restricted administrative activities.In the process of re-recognizing the category of administrative rule of law in our country,we should pay special attention to refining and summarizing the elements of administrative rule of law with Chinese character.