论文部分内容阅读
行政指导是双刃剑,虽然它有能利于政府采取灵活多变的方式完成其行政目的,但由于缺乏严格程序约束等原因,实践中相对人权益易受到侵害且难以得到救济。故此分析我国行政指导相对人权益保障困难的原因,探索通过赋予行政指导相对人法定权利为核心构建相对人权益保障体系具有现实意义。
Administrative guidance is a double-edged sword. Although it can help the government adopt a flexible way to accomplish its administrative purpose, due to the lack of strict procedural constraints and other reasons, the relative rights and interests of people in practice are easily infringed and difficult to be remedied. Therefore, it analyzes the reasons for the difficulty in safeguarding the rights and interests of the relatives in the administrative guidance in our country and explores the practical significance of constructing the system of ensuring the rights and interests of the relatives by giving the administrative authority to guide the relative rights of the relatives.