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给付行政已经逐渐成为现代行政的主要方式,但是在其缺乏规制的情况下,很可能沦为侵害公共利益和他人合法权益的工具。比例原则作为行政法的一项重要原则,应当跳出传统,从单纯适用于负担行政行为,扩大到授益行政行为。本文从比例原则在授益行政行为中是否适用为视角出发,主要着墨点在于分析比例原则适用于授益行政行为的必要性和可行性,从而对比例原则进行深入的研究。
The payment administration has gradually become the main mode of modern administration, but in the absence of regulation, it is likely to become a tool against the public interest and the legitimate rights and interests of others. As an important principle of administrative law, the principle of proportionality should jump out of the tradition and should only be applied to the burden of administrative acts and to the benefit-giving administrative actions. In this paper, from the perspective of whether the principle of proportionality is applicable to the act of rewarding the administrative act, the main purpose of this article is to analyze the necessity and feasibility of the principle of proportionality applicable to the act of rewarding the administrative act, and to conduct an in-depth study on the principle of proportionality.