论城市作为一个行政法概念——一种组织法的新视角

在现代国家与社会,城市化进程的迅速发展需要与之相匹配的城市法律理论,但在现有研究中,城市并未作为一个法律概念尤其是行政法概念而存在。由于缺乏主体地位以及内部行政组织的单一化,法律意义上的城市实际上处于隐匿状态,对此,需要从组织法视角切入,在行政组织多样化和行政权力自治化两个方面加以重构,以构造一个主体化的城市。在这一过程中,借助对城市权力问题和公共自由的思考,行政组织及其相关法律理论也需要进行更新和再造。

On City as A Concept in Administrative Law--New View of Organization Law

In modern state and society, a competitive city legal theory is in need along with the rapid development of urbanization process, but in current research, ‘city' doesn't exist as aconcept in law, let alone in administrative law. As for the absence of subject position and the monotony of internal administrative organization, in fact ‘city' in legal sense is in a state of hiding. Therefore, it is necessary, starting from the view of the organization law, to reconstruct administrative organization diversification and administrative power self-government in order to build the ‘city' a subject in law. During this process, accompanied by the thought of city power and public freedom, administrative organizations and related legal theories need update and recycling.