论文部分内容阅读
行政权的强制作用并不是万能的,其弊端随经济的发展和社会的进步逐渐暴露出来。实施非强制行政行为已成为许多行政主体所采取的手段,这也是现在更多的法学家所支持的。非强制行政行为包括行政指导、行政合同、行政奖励、行政调解、行政资助、行政信息服务等,在理论和实践上已被更多的关注和认同,并且在实际操作中也收到了一定的效果。这些行为不仅可以有效地弥补行政主体理性不足及由此产生的行政管理的种种缺憾而且促进了政府职能的转变,更为有效地服务于社会主义市场经济。
The mandatory role of administrative power is not everything, its drawbacks with the economic development and social progress gradually exposed. The implementation of non-mandatory administrative acts has become the means adopted by many administrative bodies, which is now supported by more lawyers. Non-mandatory administrative acts, including administrative guidance, administrative contracts, administrative incentives, administrative mediation, administrative support, administrative information services, have been in theory and practice more attention and recognition, and in practice also received some results . These acts can not only make up for the lack of rationality of administrative bodies and the resulting administrative management defects, but also promote the transformation of government functions and serve the socialist market economy more effectively.