论行政协助行为的可诉性

The Act of Administrative Assistance Can be Actionable

从有关行政协助的两个案例出发,指出当前司法实践中由于缺乏对行政协助概念的明晰理解,导致对行政协助可诉性认定存在争议。通过对行政协助概念及法律性质的分析,在判断行政协助为行政行为的基础上,从主体性、成熟性、外部性和具体性四个维度考量行政协助行为的可诉性,提出行政协助行为可诉性的判断标准。

This thesis quoted two cases about administrative assistance to pointing out that the judicial reviewability of administrative assistance has been a contentious issue , due to the lack of clear understanding of the concept of administrative assistance in the current judicial practice. Based on the judgment of Administrative Assistance foundation for administrative behavior, it studied the concept of administrative assistance and legal nature administrative assistance act, proposed the standard of judicial reviewability of the administrative assistance, considering from factors of subjectivity, maturity, external and concrete.