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行政行为一词原来是行政学上的术语,指行政机关的行政管理活动。后来,资产阶级行政法学者在研究行政法时,引进这个概念,成为行政法学领域一个具有国际性的术语。本文着重从行政法学的角度对行政行为理论建构谈点看法。 关于行政行为概念,目前法学界的看法很不一致。 有人认为,所谓行政行为,“是指国家行政机关在行使职权过程中,依法对特定的社会事实或对象单方面所采取的能直接产生法律效果的行为”;有人认为,“行政行
The term administrative act was originally a term in administration, which refers to the administrative activities of the administrative organ. Later, when bourgeois administrative law scholars introduced the concept of administrative law, they became an international term in the field of administrative law. This article focuses on the construction of administrative behavior theory from the point of view of administrative jurisprudence. The concept of administrative behavior, the current view of law circles is very inconsistent. Some people think that the so-called administrative act, “refers to the state administrative organs in the exercise of powers during the process, according to the law on specific social facts or objects unilaterally take the law to have a direct legal effect”; some people think that "administrative