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行政政策在我国大量存在,其合法性和适当性令人担忧,作为行政机关日常执法依据的行政政策若违法,必然造成所作出的行政行为的违法。这种情况对于我国行政机关真正达到依法行政,建立法治政府的目标极为不利。文章由一则案例引发思考,浅略探讨依法按政策行政原则所产生的问题及解决之径。
The existence of a large number of administrative policies in our country is cause for concern for their legitimacy and appropriateness. Any violation of the administrative policies as the basis for the daily enforcement of administrative organs will inevitably result in the violation of administrative acts. This situation is extremely unfavorable to the goal that the administrative organ of our country truly meets the principle of administering the country according to law and establishing a government ruled by law. Article by a case triggered thinking, a brief discussion on the principle of law by the policy of the problems arising from the solution and the path of settlement.