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所谓行政相对人抵抗权就是指在法律允许的范围内,根据相关行政法规,行政相对人有权反对和拒绝履行无效的行政决定。对于该种权利的监督管理以及依法判定其享有人所属权对依法治国的实现具有重要的意义。这项权利保护了公民的基本权利行驶,彰显着国家的基本行政法治水平。但是在我国,由于行政权力具有极大的权威性,行政相对人抵抗权的实现可谓困难重重,绝非易事。不过,在已经建立起该项权利的国家的相关政策法规以及实施情况可以为我们的该项权利建设提供参考。
The so-called administrative counterpart resistance means that to the extent permitted by law, according to relevant administrative regulations, the administrative counterpart has the right to oppose and refuse to perform invalid administrative decisions. It is of great significance for the supervision and management of this kind of rights and the determination of the ownership of their entitlements to the realization of governing the country according to law. This right protects the basic rights of citizens and shows the country’s basic level of administrative law and order. However, in our country, due to the great authority of the administrative power, the realization of the administrative counterpart’s right of resistance can be described as difficult and not easy. However, the relevant policies and regulations of the countries that have established such rights and their implementation can provide reference for our right construction.