实现宪政目标下的中国行政法治

世纪之交逐渐兴起的宪政风云值得每一个宪法学人认真对待。宪政目标要求行政法治的发展应当以保障公民权利实现为根本 ,以完善行政权力控制为重点 ,以增进社会公平为目标 ,以社会自治与自由促进为基础。中国行政法治与宪政的发展是并行不悖、相互促进的 ,中国行政法治应采取一种后发的综合的行政法治模式 ,并以宪政目标为指引有重点地在以下几个方面取得突破 :(1)以发展完善行政救济制度为核心实现行政法治 ;(2 )以规范审查抽象行政行为为保障实现行政法治 ;(3 )以建立健全行政程序制度为重点实现行政法治 ;(4 )以理性监控行政自由裁量权力为特征实现行政法治 ;(5 )以寻求指导行政相对人参与合作为手段实现行政法治 ;(6)以普遍推行行政公开制度为前提实现行政法治 ;(7)以确立普及政府守法观念为条件实现行政法治。

The Administrative Rule of Law for Constitution in China

Each scholar majoring in constitution should seriously treat constitutional affairs happened at the turn of twentieth century. According to the constitutional aims, the development of administrative rule of law should be emphasized on human rights protection and perfection of administrative control and be aimed at improving social equity, autonomy and liberty. The administrative rule of law in China could interact with constitution. The former should develop according to a comprehensive model and progress from the following aspects: (a) its core was to perfect administrative relief system; (b) its guarantee was to review abstract administrative act normatively; (c) its emphasis was to consummate administrative procedural system; (d) its feature was to supervise administrative discretion by right of rationality; (e) its means was to instruct to cooperate with administrative counterparts; (f) its premise was to realize administrative openness; (g) its condition was to set up the idea of government abiding by the law.