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习惯权利与行政执法活动存在相互的影响。当习惯权利的价值取向与行政执法活动的价值取向相一致时,它对人们的观念与行为的消极作用就有利于对行政执法目标的实现;反之,它对人们的观念与行为的积极作用可能会阻碍行政执法活动。在行政执法活动中,对习惯权利应持“必要的尊重”态度,坚持“非违法性”推定原则,在具体执法时应采取“柔性执法”方式。尊重习惯权利需要考虑它的群体性、民族性、传统文化、善良俗信等因素。
Customary rights and administrative law enforcement activities have mutual influence. When the value orientation of customary rights is consistent with the value orientation of administrative law enforcement activities, its negative effect on people’s concepts and behaviors is conducive to the realization of the goal of administrative law enforcement. On the contrary, its positive effect on people’s attitudes and behaviors may Will hinder administrative law enforcement activities. In administrative law enforcement activities, customary rights should be held in a “necessary respect” attitude, adhere to the “non-illegitimate” presumption of principle, in the specific enforcement should be taken “flexible law enforcement” approach. Respect for customary rights needs to take into account factors such as its group nature, nationality, traditional culture and good faith.