论行政权力与公民权利关系

On the Relation of Administrative Power and Civil Rights

行政权力与公民权利有着严格的区别:从对应关系看,行政权力与职责相对应,公民的权利与义务相对应;从自由度看,公民权利有的可转让或放弃,而行政职权不可;从法律地位看,行政职权伴随着强制力,而公民权利在法律关系中则处于平等地位;从代表的利益看,行政权力具有公益性,不能代表个人利益,公民权利可以代表国家的或集体的利益,也可以代表个人利益;从来源看,行政权力来源于公民的权利,而不是相反;从性质看,公民权利是目的,行政权力是手段。同时,两者又存在着密切的联系,可以彼此影响、相互转化。

There is a strict distinction between administrative power and fight of citizens. Judging by the relationship of correspondence, we can see that administrative power goes with responsibility, while right of the citizens goes with obligations. Considering the extent of freedom, we find that the fight of citizens can be alienated or given up, but the administrative power can not. Looked by the legal status, administrative power is accompanied with compulsion, but the fight of citizens is equal within the legal relations. Administrative power and the right of the citizens represent different interests; the former is for the public and not for the individuals. The later is not only for the individuals but also for the state or collective groups. The power and the fight originate differently, the power is derived from the fight, but the right cannot be derived from the power. The nature of power and right is different; the right is ends while the power is means. They have close relations and can be mutually affected and inverted.