行政私法行为研究

Researches on the“Conduction of Privative Law”in Administration

随着国家行政走出"守夜人"的消极角色,行政国家的理念要求政府承担繁多的给付行政、生存照顾等义务。传统高权行政行为因僵化以及受到法律保留严格约束的缘故,无法适应行政手段多元化的趋势。而行政私法行为则克服了行政高权行为的缺陷,体现了协商民主和成本效益的理念,因而被广泛应用到现代行政生活之中。因此有必要研究行政私法行为,并将其纳入法治化轨道。

With our national administration has got rid of the negative role of ＂night watchman＂, the concept of administrative nation requires that the government should undertake various heavy duties such as payment for administration, considerations for people＇s existence, and so on. Being rigid and strictly limited by legal reservation, the traditional highly-controlled administrative behaviors can not adjust diversified administrative approaches. However, being helpful to overcome the disadvantages of highly-controlled administrative behaviors and embody the ideas of consultant democracy and cost-efficiency, the conduction of privative law in administration has been widely applied in modern administration. Therefore, it is necessary for us to research conduction of privative law in administration and absorb it into legal ruling.