论行政放弃职权

行政放弃职权和行政滥用职权、行政超越职权、行政误用职权等一样都是行政主体的瑕疵行政行为,行政法学界和行政法治实践给予了后三者足够的重视却忽视了行政放弃职权,这一现象严重制约了我国行政权的有效行使.行政放弃职权存在于诸多范畴中,主要有放弃行政处置权、放弃行政制裁权、放弃行政许可权、放弃行政管理权等.确立行政放弃职权的法律责任必须明确其责任主体、责任形式、责任认定、责任承担.

On Abandoning Administrative Power

Abandoning administrative power, as well as abusing, surpassing and misusing administrative power, belongs to defective administrative acts of administrative subjects. The academic circle and practice of rule of administrative law,attached great importance to abusing, surpassing and misusing administrative power, have neglected abandoning administrative power, which seriously restricts effective excise of administrative power in our country. Abandoning administrative power exits in such category as abandoning administrative disposing power, abandoning administrative power of sanction, abandoning administrative licensing power and abandoning administrative executive power. Subject, forms, maintaining and undertaking of liabilities must be ascertained in order to establish legal liabilities of abandoning administrative executive power.