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现代行政法治的宗旨是通过对行政立法、执法和司法三类行为的法律规制,使行政法律关系尽量处于平衡状态,因而在行政法体系的“三分”格局中确立诚信原则,成为构建我国现代行政法治的必然。西方发达国家诚信原则“私法公法化”的过渡轨迹显示,在我国行政法体系中确立诚信原则具有法制基础、政府建设、社会追求等方面提供的可能。我国诚信原则在行政法中的确立,可从行政立法、执法、司法三个方面,采用立法规定和制度完善两种方式渐进完成。
The purpose of modern administrative rule of law is to establish the principle of sincerity in the “one-third” pattern of the administrative law system through the legal regulation of the three types of administrative legislation, law enforcement and judicature so as to balance administrative and legal relations as far as possible and to establish The Necessity of Our Country ’s Modern Administrative Rule of Law. The transitional trajectory of the principle of sincerity in western developed countries and the public law of private law shows that it is possible to establish the principle of sincerity in the administrative law system of our country with the legal basis, government construction and social pursuits. The establishment of China’s principle of good faith in administrative law can be accomplished gradually in three ways: administrative legislation, law enforcement and judiciary, adopting legislative provisions and improving the system.