宪政视角下的依法行政

以“行政”的三个要素为出发点,可以将行政所依之法分为组织性法律、事务性法律和程序性法律。宪政视角下的依法行政,强调行政机关依宪法、组织性法律和程序性法律办事,其含义的准确表达应为由法定的机关在法定的权限内,依照法定程序处理法律规定的事务。“下级服从上级”、“有法可依,有法必依,执法必严,违法必究”等提法都不是对依法行政的正确表达。要实现依法行政的目标,加强地方各级权力机关对同级行政机关的监督至关重要。

On Administration by Law from the Visual Angle of Constitutionalism

According to the three essential factors of administration,the law enforced by the executive can be divided into organizational acts,routine acts and procedural acts.According to constitutionalism,administration by law emphasizes that the executive abide by the constitution,organizational acts and procedural acts,thus its exact expression should be that legal institution,within its legal authority,deals with legal affairs according to legal procedure.The saying,the lower submits to the higher,is not an accurate expression to administration by law,nor is the sentence that there are laws for observation and where there is a law,it must be observed,its enforcement be strict,and lawbreakers be prosecuted.For the achievement of administration by law,it's of the utmost importance to reinforce the supervision for the executive by the same level of organization of state power.