论规范行政与行政的规范

行政权作为整个国家权力的一个构成要素,其形式来源应该是宪法和法律,其实质来源是民众.行政权作为一种支配力量,必须对行政权进行规范,即规范行政,使行政机关的行为符合公共目的、公共利益以及国家社会的发展.然而,现实的结果却是另一种情形,那就是不是规范行政而是行政的规范,使行政主体成为一定的合法标准的制造者,从而导致将不法利益合法化,阻碍依法行政的顺利进行.

On Standardizing the Administration and the Administrative Standardization

As the administrative power is one of the constructive factors of the whole national authority, its form should be based on constitution and law, and its essence on public people. The administrative power, a dominant power, should standardize the administrative power, that is, to standardize the administration and to conform the behaviors of administrative organs to the public target, public benefit and the social development of the country. However, there is a reverse result in the reality: administrative standardization has replaced standardizing the administration, which renders the main administrative body a certain maker of legal standard, so as to result in the legalization of illegal benefits and hinder the progress of legal administration.