浅谈平等原则与行政机关的选择性执法

在行政处罚领域,选择性执法、行政处罚显失公正等侵犯公民平等权的现象并不少见.一方面,我们不能打着不平等的幌子为违法人士大开逃避法律制裁的方便之门；另一方面,行政法需要依靠平等原则作为基础性原则的拘束力来保护公民真正有可能受到损害的权益.但是在我国行政法上,平等原则还没有被明确地纳入行政法基本原则之中.平等原则在行政法上...

On Equality Principle and Selective Law Enforcement of Administration Organization

In the field of administrative penalty,the injustice of the selective law enforcement and administrative penalties invading equal rights of citizens is not rare.On the one hand,the door should not be opened to those offenders trying to get away from the legal punishment by the inequality reason.On the other hand,the administrative laws need the equality principle as the basic function to protect the citizens’ rights and interests might be harmed.In fact,the equality principle has not been clearly integrated as the basic principle in Chinese administrative law.In general,the application of equality principle in the administrative law is meaningful to safeguard the legitimate rights and interests of administrative relative person,and to promote the administration by law for the administration organization.