论文部分内容阅读
实证上,相对人行政参与权既在我国制度形态的行政法律关系中有所体现,也存在于实践形态的行政法律关系中并已产生一定效用,这说明行政参与权已是行政法律关系新的权利要素。应然上,相对人行政参与权的享有,一方面会与相对人其他权利重组,构成新的权利结构,形成对行政侵权的制约和对行政授益的合作,从而保护和实现相对人实体权利;另一方面,也会引起行政权的变化,形成新的行政权结构与运行模式,且会增设行政主体的义务,从而促进行政权运行的合法性、正当性和效率。因此,行政参与权改变了传统行政法律关系,形成参与式行政法律关系新的权利义务模式,是对传统行政法律关系的变革。
In fact, the right of administrative participation of relatives not only reflected in the administrative legal relationship of our country’s system, but also existed in the administrative legal relationship of practical forms, which had already produced certain utility. This indicated that the administrative participation right was already new in administrative law The right element. On the contrary, the enjoyment of the relative administrative power of participation, on the one hand, will be reorganized with other rights of the counterparty to form a new structure of rights and form the restriction on the administrative infringement and the cooperation on the administrative benefit so as to protect and realize the right of the relative person On the other hand, it will also lead to the change of the executive power, the formation of a new administrative power structure and mode of operation, and the obligation of the administrative body will be added to promote the legitimacy, legitimacy and efficiency of the executive power operation. Therefore, the right of administrative participation has changed the traditional relationship between the administrative law and the formation of a new model of rights and obligations of the participatory administrative legal relationship, which is a change in the relationship between the traditional administrative law and the law.