对行政规定判断标准不确定性问题之思考

行政规定不仅包括具有行政法规、行政规章制定权的主体所制定的除行政法规、行政规章之外的规范性文件,也包括不具有行政法规、行政规章制定权的主体所制定的规范性文件。在我国行政执法实践和行政诉讼领域中,正确把握行政法规、行政规章和行政规定之间的区别有着重要的理论和实践意义。目前,在形式标准和实质标准两方面都无法对三者进行有效的区分。

Study on Uncertain Problems of Judging Standard on Administrative regulations

Administrative regulations not only include normal files which are not administrative legal regulations or rules and made by the main body having the right of making such regulations or rules,but also include normal files made by the main body not having the right of making administrative legal regulations or rules.It has great theoretical and practical significance that we differentiate administrative legal regulations or administrative rules from administrative regulations in the process of enforcing law and legal action.Nowadays,we still can't judge them form style and essence standards.