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民法中的权利失效理论是研讨与审判中常涉及的理论,但是公法中的权利失效,即公权力的失效却少有提及。公权力的行使与私权利的行使虽属于法的不同领域存在若干差异但也有共通之处,在把握适当界限的前提下,某些私人权利行使的理论原则是可以适用于公权力的。在行政法领域,如何平衡社会公益与个案,结合信赖保护原则与权利失效理论,研究公权力失效的要件与处理效果,是一个重要课题。
The theory of the invalidation of rights in civil law is a theory often involved in the discussion and trial, but the failure of the rights in public law, that is, the failure of public power, is seldom mentioned. Although the exercise of public power and the exercise of private right belong to some differences but also have commonalities in different fields of law, under the precondition of grasping proper boundaries, some theoretical principles of the exercise of private rights can be applied to public power. In the area of administrative law, it is an important issue to balance social public welfare with individual cases, combine the principle of trust and protection and the theory of invalidation of rights, and study the elements and the treatment effect of invalidation of public power.