行政指导中的行政自我规制能力问题研究
发布时间：2019-01-17 13:49
【摘要】：行政指导以自身所具有的民主性、互动性、协商性和可自由选择性成为当下实现行政法治目标的重要途径。由于行政指导行为具有较大的自由裁量空间,加之行政指导主体天然的公权力背景,难以保证每一个实施行政指导行为的行政主体都能恰如其分地对自身的行政权力进行自我规制,为了防止行政相对人的合法权益受到损害,有必要对行政指导主体进行必要的规制。行政自我规制能力是从行政系统内部出发,以行政主体自身为规制的出发点和落脚点,以行政主体自身所具有的专业理性和内在理性能力,指导行政主体进行正确的行政动机选择,准确把握与行政相对人之间的行政法律关系;积极主动地监督和约束自身的行政权力和行政行为;及时总结和纠正在行政指导实践中出现的问题,并自觉加以改进的能力,行政主体具备的这种内在理性能力对于引导行政主体合法合理实施行政指导行为具有积极的意义。综观目前我国行政指导主体在实践中运用行政自我规制能力的现实情况,还存在行政主体无法正确认识与行政相对人之间的行政法律关系性质,不能及时准确地定位自身的行政角色;行政系统内部对于行政指导主体的激励机制还有待完善;监督行政指导行为的行政法律制度设计不够健全和规范;行政主体对行政指导实践当中存在的问题不能及时总结和改进等问题。因此有必要加强行政主体对自我规制的理念和行政指导的认识,以提升行政指导主体的动机选择和角色定位能力;健全行政系统内部监督制度,以提高行政指导主体的自我监察能力;健全行政系统内部激励机制,以提升行政指导主体的自我纠正及改进能力;积极接受行政外部监督规制,以从外部进一步提升行政指导主体的行政自我规制能力。
[Abstract]:Administrative guidance with its own democratic, interactive, consultative and free choice is an important way to realize the goal of administrative rule of law. Because the administrative guidance behavior has the larger discretion space, in addition to the administrative guidance subject's natural public power background, It is difficult to ensure that every administrative subject who carries out administrative guidance can properly regulate their own administrative power, in order to prevent the legitimate rights and interests of administrative counterpart from being damaged, It is necessary to regulate the subject of administrative guidance. The ability of administrative self-regulation starts from inside the administrative system, regards the administrative subject itself as the starting point and the end point of the regulation, and takes the professional rationality and the internal rational ability of the administrative subject as its own. Guiding the administrative subject to make the correct choice of the administrative motive and accurately grasping the administrative legal relationship between the administrative counterpart and the administrative subject; To actively supervise and restrain their own administrative power and behavior; Summarizing and correcting the problems in the practice of administrative guidance in time, and consciously improving the ability, the administrative subject has this inherent rational ability to guide the administrative subject to carry out the administrative guidance behavior legally and reasonably has the positive significance. In view of the fact that the administrative guidance subject in our country uses the administrative self-regulation ability in practice, there still exists the nature of the administrative legal relationship between the administrative subject and the administrative counterpart, which can not be correctly understood by the administrative subject. Unable to locate their own administrative role in time and accurately; The internal incentive mechanism of administrative guidance subject is still to be perfected, the administrative legal system to supervise the administrative guidance behavior is not perfect and standard; The problems existing in the practice of administrative guidance cannot be summed up and improved in time. Therefore, it is necessary to strengthen the administrative subject's understanding of the concept of self-regulation and administrative guidance, in order to enhance the ability of motivation choice and role orientation of the administrative guidance subject; Improve the internal supervision system of the administrative system in order to improve the self-supervision ability of the main body of administrative guidance, improve the internal incentive mechanism of the administrative system, in order to enhance the self-correction and improvement ability of the main body of the administrative guidance; To actively accept the administrative external supervision and regulation in order to further enhance the administrative self-regulation ability of the administrative guidance subject from the outside.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.1
本文编号：2410119
[Abstract]:Administrative guidance with its own democratic, interactive, consultative and free choice is an important way to realize the goal of administrative rule of law. Because the administrative guidance behavior has the larger discretion space, in addition to the administrative guidance subject's natural public power background, It is difficult to ensure that every administrative subject who carries out administrative guidance can properly regulate their own administrative power, in order to prevent the legitimate rights and interests of administrative counterpart from being damaged, It is necessary to regulate the subject of administrative guidance. The ability of administrative self-regulation starts from inside the administrative system, regards the administrative subject itself as the starting point and the end point of the regulation, and takes the professional rationality and the internal rational ability of the administrative subject as its own. Guiding the administrative subject to make the correct choice of the administrative motive and accurately grasping the administrative legal relationship between the administrative counterpart and the administrative subject; To actively supervise and restrain their own administrative power and behavior; Summarizing and correcting the problems in the practice of administrative guidance in time, and consciously improving the ability, the administrative subject has this inherent rational ability to guide the administrative subject to carry out the administrative guidance behavior legally and reasonably has the positive significance. In view of the fact that the administrative guidance subject in our country uses the administrative self-regulation ability in practice, there still exists the nature of the administrative legal relationship between the administrative subject and the administrative counterpart, which can not be correctly understood by the administrative subject. Unable to locate their own administrative role in time and accurately; The internal incentive mechanism of administrative guidance subject is still to be perfected, the administrative legal system to supervise the administrative guidance behavior is not perfect and standard; The problems existing in the practice of administrative guidance cannot be summed up and improved in time. Therefore, it is necessary to strengthen the administrative subject's understanding of the concept of self-regulation and administrative guidance, in order to enhance the ability of motivation choice and role orientation of the administrative guidance subject; Improve the internal supervision system of the administrative system in order to improve the self-supervision ability of the main body of administrative guidance, improve the internal incentive mechanism of the administrative system, in order to enhance the self-correction and improvement ability of the main body of the administrative guidance; To actively accept the administrative external supervision and regulation in order to further enhance the administrative self-regulation ability of the administrative guidance subject from the outside.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.1
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