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给付行政作为一种具体化的权力技术,同时也是一种新兴的行政模式和行政理念,其兴起和发展经历了从道义到特权再到权利的过程,这一过程也正是政府不作为责任从否定走向肯定并不断拓展的过程。政府不作为责任起源于给付行政,并随着给付行政的发展而在范围上从生存权扩充至发展权。给付行政意味着政府将从法律上对公民生存权和发展承担更多的责任。这一责任的实现,要求在对行政权进行限制的同时,塑造高效、能动的行政权运行机制。
As an avatar of the power technology, the payment administration is also an emerging administrative mode and administrative concept. Its rise and development have gone through the process from morality to privilege to right. This process is precisely because the government does not act as the responsibility from Negative to positive and continue to expand the process. The government’s non-responsibility stems from the payment of administrative power and extends from the right of existence to the right of development with the development of administrative payment. To pay for administration means that the government will take more legal responsibility for citizens’ right to life and development. The realization of this responsibility requires that while restricting the executive power, we should create an efficient and motivated mechanism for the operation of the executive power.