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《Chinese Legal Science》 2003-02
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论行政法的自由意志理念——法律下的行政自由裁量、参与及合意

Free will is the nucleus of freedom of contract in private law, which implies that we should respect individuals who have free wills. Similarly, the idea of respecting individuals is also applicable to the administrative law. Accordingly, the spirit of freedom of contract can be extended into and fully developed in administrative law. The free wills of administrative bodies are reflected in the course of exercising and restricting their discretions. The free wills of administrative counterparts are mainly reflected in the freedom of administrative participation. The existence of the free wills of both, and communication between them, make it possible to form consensus in the course of administration. We advocate that dealing with administrative affairs and settling administrative disputes on the basis of the consensus,whose boundary must also be defined properly.
【CateGory Index】: D912.1
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