摘要
行政诉讼中引入的利益衡量原则为平衡行政主体和相对人的利益,化解两方由于利益引起的对立和紧张关系发挥了重要作用。文章从公私利益之冲突、行政自由裁量权的异化和实现个案公正三方面做了尝试性说明。
The principle of balancing of interests introduced by some judges has played an important role in balancing interests between the administrative subject and the private party in the administrative process .This article has done a tentative note from public and private interests conflict, the alienation of administrative discretion and the realization of a case justness.
关键词
利益衡量
行政诉讼
权力寻租
balancing of interest
administrative procedure
discretion