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为实现行政法治,德国法学界以司法判决为蓝本创设出了行政行为理论。作为重要的秩序构成要素,法的安定性原则要求行政行为应具有与制定法和司法判决一样的存续性。在对判决确定力进行制度移植的基础上,德国法从行政行为的存续性导出了存续力理论。存续力理论在德国法中具体体现在行政行为撤销与废止规则上,表现为对行政机关嗣后废弃行政行为权力的限制。由于存续力的产生,行政行为获得了与司法判决一样的持续性和稳定性,法的安定性原则由此在行政领域得以真正贯彻。
In order to realize the administrative rule of law, German jurisprudence created the theory of administrative action based on judicial decisions. As an important constituent element of order, the principle of stability of law requires that administrative action should have the same continuity as statutory and judicial decisions. On the basis of transplanting the system of decision-making power, German law derives the theory of survivability from the existence of administrative act. Survivability theory in German law embodied in the withdrawal and abolition of the rules of administrative acts, the performance of the administrative organs for the subsequent removal of administrative restrictions on the power of administrative restrictions. Due to the existence of survivability, the administrative act obtains the same continuity and stability as the judicial decision, and thus the law of stability can be truly implemented in the administrative field.