非强制行政行为研究
发布时间：2018-11-10 12:52
【摘要】：在行政法学领域,行政行为无疑是一个核心的概念,是行政管理中最重要、最复杂、最富有实践意义的部分。在一定意义上,行政行为法治化的程度和水平体现了一个国家法治的程度和水平。近年来,随着我国依法行政进程的逐渐深入,政府行政行为愈来愈受到关注。传统行政由于多是规制行政、负担行政,哪些政府该为哪些不该为,可以由法律来明确规定。但现代行政更多是给付行政、服务行政,政府行为的权力界限、作用范围不断扩张,行为方式也不断推陈出新,行政指导、行政契约、行政奖励、行政信息公开等得到广泛运用,对这些新型的非强制性的行政行为从理论上进行概括是十分必要的。非强制行政行为的积极作用在实践运用中能否真正得以发挥,在很大程度上取决于其法治化水平的高低。为此,本文试图对非强制行政行为在理论上进行梳理和探讨,并对其法治化进行构想,以推进其在实践中的发展。 本文主要包括引言、正文和结语,其中正文分三部分对非强制行政行为进行考察、分析和总结。第一部分是非强制行政行为的一般考察,对非强制行政行为的缘起背景、基本含义、理论基础和现实功能进行分析和总结。第二部分是非强制行政行为的典型形式,对行政指导、行政契约这两种主要的非强制行政行为表现形式略加考察,以利于对非强制行政行为能管中窥豹地予以深入理解和具体把握。第三部分是非强制行政行为法治化构想,主要通过对我国目前在这方面存在的一些制度缺陷进行分析和概括之后,从构建制度、完善立法、培育理念等方面提出自己的建议和设想,以期达到推进非强制行政行为法治化的目的。
[Abstract]:In the field of administrative law, administrative action is undoubtedly a core concept, which is the most important, complex and practical part of administrative management. In a certain sense, the degree and level of the rule of law of an administrative act reflects the degree and level of a country's rule of law. In recent years, with the gradual deepening of the process of administration by law in China, more and more attention has been paid to the administrative behavior of the government. Because the traditional administration is to regulate the administration, burden the administration, which government should do which should not, can be clearly stipulated by the law. However, modern administration is more about the limits of power of administration, service administration and government behavior, the scope of action is constantly expanding, and the ways of behavior are constantly emerging, administrative guidance, administrative contracts, administrative rewards, Administrative information disclosure is widely used, so it is necessary to summarize these new non-compulsory administrative behaviors theoretically. Whether the positive role of non-compulsory administrative act can be really brought into play in practice depends to a great extent on the level of its rule of law. Therefore, this paper attempts to sort out and discuss the non-compulsory administrative act in theory, and to conceive the rule of law in order to promote its development in practice. This paper mainly includes introduction, text and conclusion, in which the text is divided into three parts to investigate, analyze and summarize the non-compulsory administrative act. The first part analyzes and summarizes the origin background, basic meaning, theoretical basis and practical function of non-compulsory administrative act. The second part is the typical form of the non-compulsory administrative act. The two main forms of the non-coercive administrative act, administrative guidance and administrative contract, are investigated. In order to help the non-compulsory administrative acts can be peeped into the understanding and specific grasp. The third part is the conception of the rule of law of the non-compulsory administrative act, mainly through the analysis and summary of some system defects existing in this aspect, from the construction of the system, improve the legislation, In order to promote the rule of law of non-compulsory administrative acts, the author puts forward his own suggestions and ideas.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D912.1
本文编号：2322520
[Abstract]:In the field of administrative law, administrative action is undoubtedly a core concept, which is the most important, complex and practical part of administrative management. In a certain sense, the degree and level of the rule of law of an administrative act reflects the degree and level of a country's rule of law. In recent years, with the gradual deepening of the process of administration by law in China, more and more attention has been paid to the administrative behavior of the government. Because the traditional administration is to regulate the administration, burden the administration, which government should do which should not, can be clearly stipulated by the law. However, modern administration is more about the limits of power of administration, service administration and government behavior, the scope of action is constantly expanding, and the ways of behavior are constantly emerging, administrative guidance, administrative contracts, administrative rewards, Administrative information disclosure is widely used, so it is necessary to summarize these new non-compulsory administrative behaviors theoretically. Whether the positive role of non-compulsory administrative act can be really brought into play in practice depends to a great extent on the level of its rule of law. Therefore, this paper attempts to sort out and discuss the non-compulsory administrative act in theory, and to conceive the rule of law in order to promote its development in practice. This paper mainly includes introduction, text and conclusion, in which the text is divided into three parts to investigate, analyze and summarize the non-compulsory administrative act. The first part analyzes and summarizes the origin background, basic meaning, theoretical basis and practical function of non-compulsory administrative act. The second part is the typical form of the non-compulsory administrative act. The two main forms of the non-coercive administrative act, administrative guidance and administrative contract, are investigated. In order to help the non-compulsory administrative acts can be peeped into the understanding and specific grasp. The third part is the conception of the rule of law of the non-compulsory administrative act, mainly through the analysis and summary of some system defects existing in this aspect, from the construction of the system, improve the legislation, In order to promote the rule of law of non-compulsory administrative acts, the author puts forward his own suggestions and ideas.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2006
【分类号】：D912.1
【引证文献】
相关期刊论文 前1条
1 刘海龙;汪长泰;;巧施非强制行政行为 规避被滥诉法律风险[J];价格月刊;2011年03期
相关硕士学位论文 前1条
1 郭嵩;和谐社会视角下的柔性执法研究[D];湖南师范大学;2012年
，本文编号：2322520
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