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在行政改革推进到行政主体还权于企业、还权于社会的今天,在全面推进依法行政的潮流下,行政行为“全面”的先定力明显是不合时宜的。有必要再次提起对行政行为的先定力进行若干探讨,有必要使行政行为的先定力真正转化为有限的法治权威,而不是行政行为的“力”。以期先定力在未来的法治中转化为法治的精神和权威,这也是行政改革的落脚点。
At the moment when the administrative reform is advanced to the point that the main body of administration is empowered by the enterprises and the power is right in the society, under the tide of comprehensively promoting the administration according to law, it is obviously outdated that the administrative acts should be “comprehensive” in the first place. It is necessary to bring up some discussions on the pre-emptive force of administrative actions. It is necessary to make the pre-emptive force of administrative actions truly become the limited authority of the rule of law, rather than the “force” of administrative acts. In the hope of transforming the force and authority of the rule of law in the rule of law in the future, this is also the foothold of the administrative reform.