行政权力的制约与监督刍议

行政权力是国家权力中最动态、最广泛的一种权力,与社会和公民切身利益具有最直接的联系。而任何有效的权力都有强制力的因素,缺乏有效的制约和监督,就会出现强制力的滥用,行政权力更是如此。行政权力具有正负双重效应,它既能够造福于社会,也隐含着腐败的可能性。历史经验证明,权力不受制约和监督,必然导致滥用和腐败。法治的基本理念之一就是一切权力都需要制约和监督,法治发展的过程就是对权力的有效制约和监督的过程。因此,可以通过扩大司法权对行政权审查的范围、行政机关内部的相互制约、行政审批事项的削减等途径对行政权力进行有效的制约和监督。

On the Restriction and Supervision of Executive Power

Executive power is the most dynamic and extensive power in the state power.This kind of power has the most direct link with the social and civic interests.Any effective powers have the force factors,lacking of effective restriction and supervision,there will be abuse of coercive power,executive power is even more so.Executive power has the dual effect of positive and negative,which tends to benefit society and implies the possibility of corruption.Historical experience has shown that if the powers are not be restricted and supervised,it will inevitably lead to abuse and corruption.One of the fundamental ideas of the rule of law is that all powers should be restricted and supervised.The process of development of rule of law was the process that the power should be restricted and supervised effectively step by step.The measures should be taken to restrict and supervise the executive power through the expansion the scope of judicial review,the internal restraint within the executive bodies,the reduction of administrative approval items and administrative licensing matters concerning.