私权在行政执法中的地位——以一则行政案件为分析工具

传统观念认为,公共利益优先于私人利益。但在当前更加强调尊重和保护私权的背景下,该种观念的正当性值得进一步检讨,不能认为私权相对于公权始终处于附属地位。在特定情况下,行政权力依法行使的内涵中应包含尊重私权,国家公权在行使过程中应注意对民事主体私权利的保护。

Status of Private Rights in Administrative Enforcement of Law

Traditional opinion claims that public interest is prior to private interest. Present studies, however, pay much more attention to private interest nowadays. Therefore, we should further examine the justice of that old opinion, abandoning the idea that private interest is subject to public interest. Under special circumstances, when administrative agencies exercise their powers according to law, they should respect private rights and protect the rights of civil subject.