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随着我国法治的发展,法治行政就更显其紧迫性。法治行政意味着法律对行政具有绝对的支配力和最高影响。它说明行政权力应当来自法律的规定,特别是对公民权利产生直接影响的权力必须由法律明示,行政亦无法外特权。可是,我国社会生活中客观存在的特别权力关系却往往在破坏其发展。因此,我们应从务实的角度对特别权力关系进行扬弃,从而构建符合我国国情的特别法律关系理论。
With the development of the rule of law in our country, the rule of law administration is even more urgent. Rule of law administration means that law has absolute dominance and the highest impact on administration. It shows that administrative power should come from the stipulation of laws. In particular, the power that has a direct impact on citizens’ rights must be clearly expressed by law and administrative power should not be extraterritorial. However, the objective existence of special power relations in our social life has often undermined its development. Therefore, we should subordinate the special power relations from a pragmatic point of view so as to construct a special theory of legal relations that is in line with China’s national conditions.