窘境与化解: 行政行为概念之重构

我国行政行为的通说概念, 面临着内涵与外延不对等、无法包容公共行政背景下的新行政方式及与法律定义相冲突的窘境。为化解窘境, 应找出窘境的根源, 借鉴域外行政行为概念确立的有益成果,重构一个宽泛式的行政行为概念。

Predicaments and Resolution: the Reconstruction of the Administrative Action

The generalnotion of Administrative Action in China is faced with such predicaments as the non- equivalence between the connotation and the exterior, the non- compatibility with the new administrative means on public administration, and the conflict between the academic notion and the legislation notion. In order to resolve the predicaments, we should in a wide sense reconstruct the Administrative Action notion of our country, based on the deep analysis of the origins of the predicaments and the contrast with the establishment patterns of the Administrative Action notion of the foreign countries.