丽水学院学报2023，Vol.45Issue(6)：44-51,8.DOI:10.3969/j.issn.2095-3801.2023.06.007
对执法和解构建中行政权不可处分的质疑与回应
Questioning and Responding to Non-disposability of Administrative Power in the Construction of Law Enforcement and Reconciliation
摘要
Abstract
The system of"administrative law enforcement and reconciliation"is only stipulated in the fields of securities,anti-dumping and anti-monopoly,but in fact it has become a common situation in practice.The continuous establishment of pretrial settlement centers for administrative disputes and the widespread use of"settlement agreement"beyond the legal field reflect the strong realistic need for administrative law enforcement and reconciliation in all fields of administrative law enforcement.It is necessary to break the field bondage of administrative law enforcement and reconciliation,establish the common system of"administrative law enforcement and reconciliation",and add the reconciliation procedure as a means to solve administrative disputes in administrative law enforcement.In administrative law,the main obstacle to the widespread application of the system of"administrative law enforcement and reconciliation"is"the non-disposability of administrative power".In essence,it is the rejection of public law to private law.Dating back to the emergence and development of public law and private law,we find that the two are not completely incompatible.The optimization and evolution of"the non-disposability of administrative power"create conditions for the widespread application of the system.关键词
行政执法和解/处分权/公法/契约性Key words
administrative law enforcement and reconciliation/disposition power/public law/contractual nature分类
社会科学引用本文复制引用
徐静..对执法和解构建中行政权不可处分的质疑与回应[J].丽水学院学报,2023,45(6):44-51,8.
