一、行政权的制约及我国的行政法治化 1.行政权的特征 行政权是指行政主体执行国家法律,组织、管理、协调国家事务和社会事务的权力。它具有以下特征:(1)执行性和扩张性。设置行政权的本意,是为执行代议机关(在我国指权力机关)的决定。但行政权在行使中却往往具有扩张的本能,特别是在国家事务和社会事务日趋复杂的现代社会,行政权介入的范围也越来越广。(2)先定性和随意性。未经法定程序撤销之前,法律通常承认行政行为的确定力和约束力,相对人必须服从。与之相对 I. Constraints of Administrative Power and the Legalization of Our Country 1. Characteristics of Administrative Power Administrative power refers to the power of the administrative body to implement state laws, organize, manage and coordinate state affairs and social affairs. It has the following characteristics: (1) the implementation and expansion. The intention of setting administrative power is to implement the decision of the representative organ (in our country, the organ of authority). However, executive power often has the instinct to expand in its exercise. Especially in the modern society where the state affairs and social affairs are increasingly complicated, the scope of intervention by the executive power is also getting wider and wider. (2) first qualitative and casual. Before the statutory procedure was withdrawn, the law generally recognized the certainty and binding nature of an administrative act and the counterpart must obey. In contrast