行政行为概念的反思与重构

在大陆法系国家,行政行为一直是行政法学和行政法的核心概念,但对它的定位却大异其趣。行政行为概念的明晰,不仅是构筑科学的行政行为法理论体系的逻辑前提,而且更是行政执法和司法审查实践的迫切需要。本文的研究旨趣也正在于此。

A Tentative Study on the Concept of the Administration Behavior

In the countries of system of the continental law, the administrative behavior has been the key concept of law science of the administrative jurisprudence and administrative law all the time, but has very different tastes and interests to its localization. To define distinctly the concept of the administrative behavior, is not merely a logic prerequisite of constructing the scientific theoretical system of administrative behavior law, but also a urgent need of both the administrative enforcement of the law and practice of judicial inspection. The research purport of this article lies in this too.