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立法实际上是对利益的分配,是一个利益博弈的过程,行政立法则是一种特殊的利益博弈过程。行政立法参与者的言论免责与行政立法的合理性之间存在一种共生关系,没有言论免责权,行政机关所立的法规、规章的实体合理性往往难以保证。基于行政立法参与程序的差异性,应在行政立法中建立一种准免责与免责相结合的制度。
Legislation is actually the distribution of benefits, is a process of interest game, and administrative legislation is a special process of interest game. There is a symbiotic relationship between the excuse of speech and the rationality of administrative legislation in the participants of administrative legislation. There is no symbiotic relationship between the disclaimer of right of disclaimers and the substantive rationality of laws, regulations and rules set up by administrative organs. Due to the difference of participation procedure in administrative legislation, a system of quasi-disclaimer and exemption should be established in administrative legislation.