对我国经济行政执法权力配置的反思

经济行政执法作为经济法法律适用的一种重要形式,直接关系着经济法的实施。经济行政执法权力配置是否科学、合理,不仅对经济法的法律适用有决定性的作用,而且直接关系到行政相对人权利得到应有尊重的宪政问题。中国经济执法机关权力的配置除应当拥有调查权和行政权外,还应当具有行政和解权和行政起诉权。

Introspection to the Power Allocation of Enforcement of Economic Administrative Law in Our Country

The enforcement of economic administrative law as an important form of economic law is applicable directly to the implementation of economic law. Whether the power allocation of economic administrative law enforcement is scientific or reasonable, it will not only have effect on the applicability to economic law, but also connect directly with the issue of the rights of relative administrative person respected by the constitutional government. In China, the agencies that have the power to enforce economic administrative law, besides the possession of the investigation right and the administrative right, still need to possess the administrative conciliation right and the administrative prosecution right.