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行政监管权是行政权力扩张的体现,是对三权分立原则的冲击,现代法治国家对行政监管权的运行都给予了严格的法律控制。转型期中国的监管权力与监管制度有其自身的特殊性,市场经济和现代监管制度尚未完全建立,监管权力失灵已经开始显现,必须向市场经济注入一整套法治规则体系,可借鉴西方现代法治国家对行政监管权的法律控制经验,有效规制行政监管权。
The power of administrative supervision is the manifestation of the expansion of administrative power and the impact on the principle of separation of powers. In the modern state governed by law, strict legal control is imposed on the operation of administrative supervision. In the transitional period, China’s regulatory power and regulatory system have their own particularity. The market economy and the modern regulatory system have not yet been fully established. The failure of regulatory power has begun to emerge. It is necessary to inject a set of rules of law system into the market economy. The administrative control over the legal control experience, effectively regulate the administrative supervision.