论行政行为的追认

On the Ratification of Administrative Action

行政行为的追认制度以实质法治主义、信赖保护原则等为理论基础,吸收了民事追认的若干合理成分,其核心内容是追认的条件与效力起始。在借鉴域外立法经验的基础上,构建我国行政行为追认制度是可行的和必要的。

The system of the ratification of administrative action is based on the theory of essential rule of law and the principle of trust protection. It absorbs some rational elements of the ratification system in civil law. The conditions of ratification and the inception of its effectiveness are the core contents of the system. It is feasible and necessary to construct the system of the ratification of administrative action in China by drawing on the experience of foreign legislation.