我国行政法基本原则的反思与重述——基于宪法及行政法律规范文本的分析

行政法学者多是依据标准来确定我国行政法基本原则,但该研究进路存在着标准的不确定性等问题。域外经验表明,行政法基本原则的确立应具有规范依据。考察我国宪法及行政法律规范,从文本出发来构建我国行政法基本原则,能够称其为基本原则的只有依法行政原则。从依法行政原则中能够演绎出法律优位原则、法律保留原则和行政程序法定原则。

Reflection and Restatement on the Basic Principles in Chinese Administrative Law——Based on the Analysis on the Text of Constitution and Administrative Regulations

Most scholars on administrative law determine the basic principles of Chinese administrative law based on the criteria,but there are several problems in this study such as the uncertainness of the criteria.Foreign experience has shown that the establishment of basic principles in administrative law should be based on regulated foundation.Only administration by law can be defined basic principle to build basic principles in Chinese administrative law from the texts researching Chinese constitution and administrative regulations.The principle of law priority,the principle of law reservation and the principle of administrative procedures by law are interpreted from the principle of administrative by law.