中国行政法理论基础的反思与再探索

Summarize the general research process of the theoretical basis of China's administrative law：the first stage, from the 1980s to the early 1990s, the Chinese administrative law theoretical circle conducted a preliminary exploration of the theoretical basis of administrative law, and there were a few viewpoints; in the second stage, from the 1990s to the present, Luo Haocai put forward the theory of balance, and the research on the theoretical basis of administrative law has received more extensive discussion and in-depth research. On the position of the theoretical basis of administrative law, the academic circles have reached a consensus that the basic theory of the first level of the theoretical system of administrative law, that is, the most basic theory or universal basic theory is the “theoretical basis of administrative law.” The concept and nature of the theoretical basis of administrative law are further clarified, and the three properties of the theoretical basis of administrative law are further explained: 1. Fundamental, 2. Universality, 3. Stability. Correct the omnipotent tendency of the theoretical basis of administrative law, and accurately locate the functions of the theoretical basis of administrative law: 1. Guiding function, 2. Interpretation function. At the same time, after classifying and analyzing various theories from research perspectives, a new theoretical exploration is more appropriately put forward from a more comprehensive perspective—that is, “protecting citizens' rights and regulating administrative power” as the theoretical basis of administrative law. The core idea of ​​guarantee-normative theory is expressed in one sentence: Administrative law is a law that protects citizens' rights and interests and regulates administrative power. The protection of citizens' rights and interests is the goal and purpose of administrative law, and it is the generalization of the functions of administrative law. The attitude of administrative law toward administrative power is accurately expressed as “normative”. Standardizing administrative power is the fundamental characteristic of administrative law that distinguishes it from other departmental laws. The protection of citizens' rights and the regulation of administrative power together constitute the core content of administrative law. Protecting citizens' rights and interests is the purpose of regulating administrative power, and regulating administrative power is a way to realize citizens' rights and interests. In this regard, this research will observe the changing process of the theoretical basis of administrative law, and study the theory of protecting citizens' rights and regulating administrative power for the purpose of administrative law legislation.