对行政行为公定力理论基础的质疑

行政行为之公定力是传统行政法学上的一个基础性概念,曾为维护行政秩序的稳定起了重要作用。然而,随着社会环境的变迁,维系其在行政法上基础性地位的理论基础发生了动摇。所以,行政行为之公定力作为历史性概念应逐步退出行政行为的效力领域。

Oppugnation to the theoretic base of presumptive legality of administrative act

The presumptive legality of administrative act is a basic conception on traditional administrative jurisprudence.It has ever exerted very important function to maintain stability of administrative order.However,its theoretic base of basic status that had been held together on administrative law has occured waver with change of social environment.As a historic conception,the presumptive legality of administrative act should be retreated from the validity scope of administrative act.