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作为柔性执法的代表,行政指导已越来越多地被采用,并取得了显著的成效,而且成为行政法学领域的重要范畴。然而,其归责问题却始终是一个薄弱环节,至今法律上没有明确规定,理论上也是众说纷纭,各执一词。本文从行政指导的性质入手,根据行政指导的不同特性,将其分成若干类别,然后根据每类行政指导的特点,分别确定相应的归责原则,即行政指导类型化归责。
As the representative of flexible law enforcement, administrative guidance has been adopted more and more and achieved remarkable results, and it has become an important category in the field of administrative jurisprudence. However, the issue of liability has always been a weak link, so far there is no legal regulation. In theory, there are still many opinions and different opinions. According to the different characteristics of the administrative guidance, this article divides it into several categories, and then, according to the characteristics of each kind of administrative guidance, decides the corresponding principle of imputation, that is, the type of administrative guidance is imputed.