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行政自制是指行政主体自发地约束其所实施的行政行为,使其行政权在合法合理的范围内运行的一种自主行为,即行政主体对自身违法或不当行为的自我控制。行政自制的实现有赖于良好的行政理念作支撑。从根本上说,政府的价值取向、目的追求、自身定位等一系列作为精神依托的行政理念在很大程度上决定着行政行为的方式和结果,而以行政主体自我控制为指向的行政自制,需要配备以惠民理念为基点、以政府角色的服务者定位为取向的现代行政理念。在社会变迁的过程中,行政权已经是被规范于宪政与法制框架内的权力,使得行政权本身已经可以容纳行政自制的实现。行政主体的多元化和包括非强制行政行为在内的行政方式的多元化为行政自制提供了主体和手段条件。行政自制的主体是政府自身,主张由做出行政行为的政府主动对自身行
Self-control refers to the administrative subject spontaneously restrained its implementation of administrative actions, so that its executive power within a legitimate and reasonable scope of an autonomous act, that is, the administrative body of their own illegal or inappropriate self-control. The realization of administrative self-control depends on good administrative ideas as support. Fundamentally, the government’s value orientation, the pursuit of purpose, its own positioning and a series of administrative concepts that depend on the spirit largely determine the way and result of the administrative actions. However, the administrative self-control of the administrative subject points to the self- Need to be equipped with Huimin idea as the starting point, the role of government to position the orientation of the modern administrative philosophy. In the process of social change, the executive power is already within the framework of constitutional government and legal system, so that the administrative power itself can already accommodate the realization of administrative self-control. The diversification of administrative bodies and the diversification of administrative modes, including non-mandatory administrative acts, provide the main body and means for administrative self-regulation. The main body of administrative self-control is the government itself, advocated by the government to make the administrative act on its own initiative