浅析行政行为公定力对个人权益的影响

Analysis on the Presumptive Legality's Influence on Individual Rights Caused by Administrative Behaviors

行政行为公定力是行政行为效力的重要组成部分,在树立行政权威,保证行政目标的实现、提高行政效率以及确保公共利益不受侵害等方面具有独特的价值功能。在某种程度上,正是基于这样的效力,可能使得代表公共利益的行政机关如果侵犯行政相对人代表的个人权益,造成事实上的不平等。应从坚持有限公定力说、规定抵抗权、完整界定无效行政行为、依赖行政程序法等方面来解决个人权益受损的问题。

Presumptive legality is an important component of the validity of administrative behaviors. It is of unique value in establishing executive authority, ensuring the realization of administrative objectives, enhancing administrative efficiency, and protecting public interests from damage. However, to a certain extent,it is such potency that may make administrative organs representing public interests violate individual rights and interests represented by administrative relative individuals, which will actually lead to inequality. We should solve the problem of damaged of individual rights and interests caused by presumptive legality in the following aspects such as adhering to limited presumptive legality theory,and interests caused by presumptive legality in the following aspects such as adhering to limited presumptive legality theory, formulating resistance fight, completely defining invalid administrative behaviors, and relying on administrative procedure law.