| From the perspective of law, what does the word"state" mean? Is it a legal person or a personified expression of the legal order? Or,"state" refers to the community surpassing any individual and has the meaning of unification in social existence? Such questions sound abstract but in fact deal with the fundamental relationship between the state and the individuals. They also relate to such legal and technical problems as the legal status of state organs. Those questions, however, were rarely touched upon seriously in the past, leading to a lack of state view in the study of public law. For instance, in some judicial judgments, administrative organs are considered as the subjects of rights or perpetrators of crimes. And when it comes to natural resources, the state owns all, thus discouraging individuals from developing natural resources. Against this background, this paper delves into the State Authority Theory originated in Germany and inherited by Japan. This theory sees the state as a legal person as well as a community surpassing individuals and having a unified will. However, under the constitutional order based on the national sovereignty principle, the state authority theory tells some truth on the one hand but faces serious criticism on the other hand. For today’s China, the state authority theory is of much significance in terms of viewing the state authority instead of government organs as a single legal person. However, when it comes to the question of whether"state authority" is only a personified expression of legal order or it shall be deemed as a substantial existence with"state will" or"state philosophy", further discussion is needed. |
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