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我国行政法学理论及其实践中,行政规则与行政法规及其规章有所不同,此项规则没有正式法源地位,属于一项非行政立法。因行政事务膨胀及其成文法中存在诸多不足之处,该项规则数量及其规模与调整范围也因此快速发展,其在实际生活中可有效约束行政人员各项行为及其义务,现已成为行政法学界最关注的热点。但行政立法普遍性尚无定论,这导致现行的行政规则研究概念及其外延均不相同,甚至产生了混乱不一的情况。本文对行政规则进行了概述,并分析了行政规则中存在的问题,基于此提出了行政规则制定规范化改善措施,为我国依法行政规则研究提供可靠的依据。
In the theory and practice of administrative jurisprudence in our country, the administrative rules are different from the administrative rules and regulations and their regulations. This rule has no formal legal source status and belongs to a non-administrative legislation. Because of the expansion of administrative affairs and its statutory law there are many shortcomings, the number of the rules and the scale and scope of adjustment is also rapid development, which in practice can effectively restrain the administrative staff of the various acts and obligations, has now become the administrative Law circles most concerned about the hot spots. However, the universality of the administrative legislation is inconclusive, which leads to the fact that the current concept of administrative rules research and its denotation are different, even resulting in confusion. This paper summarizes the administrative rules and analyzes the existing problems in the administrative rules. Based on this, it puts forward the measures to standardize the development of the administrative rules and provides a reliable basis for the study of the administrative rules in accordance with the law in our country.