论文部分内容阅读
行政指导作为一种能够灵活适应各种复杂多变的经济、社会管理需要的“柔性执法”方式,越来越广泛地为我国政府所采用。但由于立法的滞后和行政指导自身的不规范和不健全,在行政指导实践中存在行政相对人合法权益因行政指导受到损害时无法获得救济的问题。政府在行政指导中的信赖责任的引入,是保障行政相对人合法权益、提高政府公信力和促进行政管理目的更好地得到实现的重要手段。
As a kind of “flexible enforcement” method that can be flexibly adapted to various complicated and changeable economic and social management needs, administrative guidance has been adopted by our government more and more widely. However, due to the lag of legislation and the non-standard and imperfect administrative guidance itself, there exists the problem that the legitimate rights and interests of the administrative counterpart can not be remedied when the administrative guidance is damaged in the practice of administrative guidance. The introduction of trust responsibility by the government in the administrative guidance is an important means to ensure the legitimate rights and interests of the counterparts in the administration, enhance the credibility of the government and promote the purpose of administration.