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在深受大陆法系行政行为理论影响的日本、韩国和我国台湾地区,在法律上创设以行政行为为基础的行政处分概念,并使之完善的过程中,立法技术的运用起到了决定性作用,行政处分概念便成为具有实践性和技术性特色的实效性概念。近年来,虽然我国学者提出了统一行政行为概念的各种“概念界定型”的有益设想,但仍然存在严重分歧,莫衷一是。借鉴国外立法技术经验,尝试运用科学的立法技术来统一行政行为概念是非常必要的。
In Japan, South Korea and Taiwan of China, which are deeply influenced by the theory of civil law administrative act, the application of legislative technology plays a decisive role in creating and perfecting the concept of administrative sanction based on administrative act in law. The concept of administrative sanctions has become a pragmatic and technical characteristics of the concept of effectiveness. In recent years, although scholars in our country have put forward the beneficial ideas of various concepts of unified administrative action, there are still serious disagreements. Learn from the experience of foreign legislation, try to use scientific and legislative techniques to unify the concept of administrative behavior is very necessary.