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洛克在《政府论两篇》(第二篇)中,提到了政府特权。在他看来,政府特权的目的是公共福利,政府特权是立法和政治的现实需求。但现今看来,政府特权同样要加以规范,以防止其腐败变质。本文试对洛克的政府特权(主要又以行政自由裁量权为主)进行探析,学者们以立法、行政和内部控制的方式对其加以控制,本文认为除此之外,还应该外设外设专门的常设部门对政府特权加以专门、权威和经常地监督控制,以确保此种权力能更好的为人民谋利益。
Locke referred to the government’s privilege in “Two Articles in Government” (Part Two). In his view, the purpose of government privileges is public welfare, and government privileges are the real needs of legislation and politics. However, it seems now that the government privileges must also be regulated to prevent its deterioration. This article tries to analyze Locke’s governmental privilege (mainly chiefly with administrative discretion), and scholars control it by means of legislation, administration and internal control. In this paper, we think that in addition, peripherals Specialized permanent departments have special, authoritative and regular supervisory control over government privileges to ensure that such powers can better serve the interests of the people.