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在政府法治化的背景下,受福利行政理论思想的推动,给付行政由于自身的复杂性和立法的滞后,使得给付行政裹足不前的状况已经无法充分适应现代服务性政府的合理要求。因此,现代行政法理论必须在正视给付行政法治化的基础上,审视并梳理行政给付中的问题,探索行政给付组织法律体系构建及救济的路径,不断拓宽行政给付主体组织形式,明确行政给付的救济范围,促进行政法治化进程。
In the context of the rule of law in the government, driven by the theory of welfare administration, due to the complexity of its own administration and the lag of legislation, the state of paying administration has not been able to fully meet the reasonable requirements of the modern service-oriented government. Therefore, the theory of modern administrative law must examine and sort out the problems in administrative payment on the basis of paying due attention to the administrative legalization of administrative payment, explore the path of constructing and remedying the legal system of administrative payment, and constantly broaden the form of main body of administrative payment and make it clear that administrative payment The scope of relief, to promote the administrative rule of law process.