论文部分内容阅读
滋生行政法律不规范的成因行政领域立法不规范的原因很多,但是归结起来不外乎,首先,于目的而言,各行政机关为追求本部门的利益,不惜牺牲国家业已存在的法律秩序,以本部门的规范给自己进行授权,以谋夺法律秩序之外的权力和猎取相对人的权利,并且时有课之以法外义务之风险。其次,于制度上的可能性而言,违背法律甚至是国家《宪法》及《立法法》而存在的行政规范。之
Causes of non-standardization of administrative law There are many reasons for the non-standardization of legislation in the administrative field, but they are nothing more than the summation of, first and foremost, for the purpose of pursuing the interests of their own departments, at the expense of the existing legal order in the country, The norms of this department authorize themselves to seek power outside the legal order and to hunt for the rights of the counterpart, and there is a risk that classes may be subject to extra-legal obligations. Second, in terms of institutional possibilities, the administrative norms that exist in violation of the law and even the “Constitution” and the “Legislation Law” of the country. It