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行政行为的附款主要是指行政机关作出的附加于授益行政行为上,起到限制该行为效果的法律既定外事项,包括期限、条件、撤回权保留、负担、负担保留等类型。附款行政行为的构造为“可,但是”。附款尤其适用于授益行为的作出存在事实上或法律上的障碍情形,其法律根据蕴涵在授予裁量权的法律条款中。附款的添加应该与该行政行为的目的有正当、合理的关联,并且应当符合其他裁量规则及正当程序的要求。附款与所附行政行为具有可分性,应容许单独诉请撤销违法的附款。相对人具有请求法院判决撤销违法附款的实体权利。
The appendages of the administrative act mainly refer to the law-related extra-legal matters that limit the effect of the act, including the time limit, conditions, the right of withdrawal, the burden and the burden of reservation, which are attached to the administrative act of benefit by the administrative organ. The structure of the administrative act of the attachment is “OK, but ”. The appendices are particularly applicable to de facto or legal obstacles to the conduct of the benefit, whose legal basis is contained in the legal provisions that grant discretion. Additions to the attachment should be justified and reasonably linked to the purpose of the administrative act and should be consistent with other rules of determination and due process requirements. The attachment is divisible from the administrative act attached and should allow a separate petition to revoke the illegal attachment. The counterparty has the right to request the court to revoke the illegal attachment.