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目前,我国行政授权基础理论研究仍处于起步的阶段,对于行政授权的定义仍然众说纷纭。面对着其概念仍存在较大分歧的困境,本文试图着眼狄骥的“公共服务”理论,在其框架下,进一步思考行政授权的含义。本文由其产生背景说起,从而揭示具体历史现实下的理论变迁,并反思时下对行政授权含义义的几个主要观点,最终通过借鉴“公共服务”理论,得出行政授权实质为国家对于非行政机关组织行使“社会服务”职能的认定这一含义,以及初步探讨了当前我国行政授权的几种认定方式。
At present, the research on the basic theory of administrative authorization in our country is still in its infancy, and there are still many different opinions on the definition of administrative authorization. Faced with the dilemma of big divergence in the concept, this article attempts to take a closer look at Di Ji ’s “public service ” theory, and in this framework, further think about the meaning of administrative authorization. This article starts from the background of its emergence, so as to reveal the theoretical changes under the specific historical realities and reflect on the several major views on the meanings of the current administrative authorization. Finally, by referring to the theory of “public service”, we can conclude that the essence of administrative authorization is the country For the non-administrative organizations to exercise “social service ” function of the definition of this, as well as preliminary discussion of the current our country’s administrative authorization of several ways.