行政权的边界意识及其法律培植研究

行政权边界意识以哲学上的意识和边界意识为认识前提,以行政权本身为成立和运行载体,由行政权的执行者在头脑中形成与刻意.行政权边界意识的主要范畴主要包括：行政权与公民权的边界意识、行政权与共同公权力的边界意识、行政权的时空边界意识、行政责任与社会责任的边界意识.行政权边界意识的观念提升,宪法、法律以及判例对行政权与公民权边界的明确,公民权利意识对行政权边界意识的反致作用,是行政权与公民权边界意识的法律培植.而行政权与立法权、司法权边界意识以各自的权限为基本意识架构,在责任上,禁止行政责任之社会责任化承担.

On The Boundary Consciousness and Jurisdiction Construction of ecutive Power

Trying to give explanation of Executive Power Boundary Consciousness （EPBC）, we must under-stand the philosophy, of consciousness and awareness of boundary at first. Executive power came out and worked well is a prerequisite for the development of EPBC. EPBC take shape almost by executor of the administrative power find-ing the importance of it. The EPBC center on four boundary areas of consciousness ： between the executive power and the civil rights, the executive power of time and space, between administrative responsibility and social intermediary organizations responsibility, among the executive powers, judicial powers and legislative powers. Make no mistake： promoting the idea of civil rights consciousness is a factor influencing EPBC quality, as constitution, law and prejudi-cation play critical role. In addition, civil fights change the way of EPBC working and make efforts to realize the im-portance of making a distinction between the executive power and the civil rights. Under strictly observe the separa-tion system of three powers, administrative responsibility should not take by the whole society.