行政主体类型多样化的理论背景分析——兼论公共行政的两次扩张与行政法发展的三个阶段

现代行政法上行政主体趋向多样化,这是公共行政经过两次扩张,行政法发展到分权阶段的结果.经济和社会的发展致使公共行政实现第一次扩张即内容的扩张,行政法发展到控权阶段,经济和社会的发展使公共行政组织上的单一性和内容上的广泛性之间的矛盾日益加剧,于是公共行政实现了第二次扩张即组织上的扩张,行政法发展到分权阶段,公共行政体现出组织的多样化、内容的广泛性、实施方式的灵活性的特点,行政主体类型趋向多样性.

Observations on the Theoretical Background of the Diversified Administrative Bodies-As Well as Two Expasions of Public Administration and Three Stages of Administrative Law Development

In modern administrative law, the administrative bodies tend to be diversified, as the public administration has been expanded twice and the administrative law has developed into the power-sharing stage. At the early power-limiting stage of the administrative law , public administration is featured by momotony of the organization and limitation of the content. Thanks to the economic and social development contributing to the first expansion of the public administration-the expansion of the content, administrative law developed into power controlling stage. At this stage , the public administration is characterized by monotony of the organization and extensiveness of the content, between which the conflicts caused by economic and social development were increasingly intensified. Thus, public administration hailed the second expasion-expansion of the organization and the administrative law has developed into power-sharing stage. Therefore,public administration embodies diversity of its organization, extensiveness of its content, plexibility of its enforcing approach, and the administrative body is tending to be diversified.