宪法第41条明确赋予公民有检举权,包括举报权。这是一项民主权利,但是理论界对举报回复性质的认定有分歧,即是属于行政事实行为,还是具体行政行为。对行政事实和行政行为的分析,可知应该对举报回复行为分类分项,但应该在最大范围将其认定为具体行政行为,从而举报人对举报答复不服的,可以进行行政法意义上的救济。 Article 41 of the Constitution explicitly gives citizens the right to file a complaint, including the right to report. This is a democratic right, but there are disagreements in theorists about the recognition of the nature of the reply, that is, whether it is an act of administrative fact or of a specific administrative act. The analysis of administrative facts and administrative actions shows that the reporting and responding behaviors should be classified into different categories, but should be identified as specific administrative actions in the largest scope. Therefore, whistle-blowers may refuse to accept the reported ones and may carry out relief in the sense of administrative law.