对行政法理论基础问题讨论的评价（Evaluation of the discussion on the theoretical basis of administrative law）.docVIP

对行政法理论基础问题讨论的评价（Evaluation of the discussion on the theoretical basis of administrative law） Evaluation of the discussion on the theoretical basis of administrative law Author: Zheng Xianjun The theoretical basis of administrative law is the concept and premise of the existence of administrative law. It is not only a theoretical summary of the current administrative law of a country, but also a directive significance to the practice of administrative rule of law in a country. To some extent, we can even say that the thorough study of the theory of administrative law determines the establishment of the administrative law system with Chinese characteristics and the direction of our administrative rule of law construction. In recent years, the research on the theoretical basis of administrative law is very active, and various opinions and opinions have emerged. However, in the field of administrative law, the dominant view has not yet formed. What is the significance of the discussion of various theories of administrative law and the discussion of this issue in the theoretical circle, and I would like to discuss my views on this issue. First, the different views of the theoretical basis of administrative law 1. balance theory. The balance theory is put forward in 1993 by Professor Luo Haocai of Peking University and so on in his paper the theoretical basis of modern administrative law - on the balance of rights and obligations between the executive and the relative party. After that, the theory agree with scholars from different angles and aspects of this view are discussed, and the balance theory explain the administrative legal relationship in our society, to a certain extent enrich the theoretical connotation of the balance. The basic meaning of the theory of balance is that the rights and obligations are balanced on the whole in the relation between the executive and the relative partys rights and obligations. It is the administrative organ and the relative rights