论行政法律关系的秉性与特质

Research on the Nature and Characteristics of Administrative Legal Relations

行政法律关系对行政法的基本范畴的厘定和具体应用具有指引和规范的功能。厘定行政法律关系的秉性和特质可以更好实现规范与现实限制行政权力与保障公民权利的行政目的,旨在实现权力与权利的平衡。鉴此,在现有的基础上进一步明确行政法律关系的秉性和特质,对其作科学的说明和分析,界定行政法与相关的其他部门法的边界,有助于我们充分了解和正确理解行政法律关系的具体意涵,进一步体会与理解行政法学与其他学科的不同本质。

Administrative legal relationship has the function of guiding and regulating the basic category and specific application of administrative law. Determining the nature and characteristics of administrative legal relationship can better realize the administrative purpose of restricting administrative power and guaranteeing civil rights by norms and realities. The aim is to achieve the balance between power and rights. In view of this, the nature and characteristics of administrative legal relations should be further clarified on the basis of the existing ones, and scientific explanation and analysis should be made of them. Defining the boundaries between administrative law and other relevant departmental laws, It is helpful for us to fully understand and the specific meaning of the relationship between administrative law and other disciplines, and to further understand the different nature of administrative law and other disciplines.