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在目的理性的传统观念指引下,行政主体在执法过程中,从单个主体的视角出发,导致执法冲突频发,执法成效低下。然而,随着行政相对人与行政主体之间多样化行政法律关系的出现,行政相对人权利与行政主体权力已具有对称性,执法活动的顺利开展离不开执法者和被执法者之间的相互理解和相互协调的机制。交往理性是建立在一种达成理解的语言目的上,通过商谈、沟通,创设理想言谈情境,根据具体情况开展执法活动的一种主体间性执法理念。政府执法需要借助交往理性在主体间的理解与相互承认过程中形成的约束力提高执法本身的有效性。
Guided by the traditional concept of rationality of purpose, the administrative body in the process of law enforcement, from the perspective of a single subject, lead to frequent conflicts of law enforcement and ineffective law enforcement. However, with the advent of diverse administrative and legal relations between the administrative counterpart and the administrative subject, the relative power of the administrative party has the symmetry with the power of the administrative subject, and the smooth implementation of the law enforcement activities can not be separated from the law enforcement and law enforcement Mutual understanding and coordination mechanism. Communicative rationality is an inter-subjective law enforcement concept that is based on the language purpose of reaching understanding and through negotiation, communication, creation of ideal speech situations and law enforcement activities according to specific situations. The government law enforcement needs to enhance the effectiveness of law enforcement itself through the binding force formed by the communicative rationality in the process of mutual understanding and mutual recognition.