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行政法与其他法律部门的最大不同之处在于,作为行政法主体一方的行政机关拥有国家权力,是管理者;其相对一方则是公民、法人或其他组织,不拥有国家权力,是被管理者。这就决定了行政法的本质随着不同时代、不同国度对行政法主体双方地位的不同规定而有截然不同的表现,而不象调整平等主体之间关系的民商法的本质表现得那样稳定。在一个强调行政机关主导地位和公民服从地位的时代和国度,行政法的本质只能表现为“管理法”,其特征是以行政组织法和行政行为法为中心,缺乏行政程序法和行政监督法,不存在行政诉讼法和国家赔偿法。而在一个强调公民权利、害怕行政专横的时代和国度,行政法的本质则可能表现为“控权法”,其特征是行政法的宗旨主要为控制行政权、保护公民权。管理法和控权法都是特定时代的产物,虽然在特定的历史条件下有其进步作用,但都明显有其偏颇之处。
The biggest difference between administrative law and other legal departments is that the administrative organ that is the main body of administrative law has state power and is the manager. The opposite party is a citizen, legal person or other organization that does not own state power and is the administrator . This determines that the essence of the administrative law varies with the different provisions of different times and different countries on the status of both sides of the administrative law, unlike the nature of the civil and commercial laws that regulate the relationship between equal subjects. In an era and a nation that emphasizes the dominance of administrative organs and the obedience of citizens, the essence of administrative law can only be manifested as the “Law of Management”, which is characterized by the administrative organization law and the administrative act as the center, the lack of administrative procedural law and administrative supervision Act, there is no law of administrative procedure and state compensation law. However, in an age and a country that emphasizes civil rights and fears of dictatorship, the essence of administrative law may appear as the “Control Law”, which is characterized by its main purpose of controlling administrative power and protecting citizenship. Both the law of management and the law of control are the products of a specific era. Although they have a progressive effect under certain historical conditions, they all obviously have their own biases.