摘要： 作为一种勾连法律规范和行政行为的标准,行政给付基准对行政相对人和行政机关均会产生影响。对于行政相对人而言,行政给付基准以影响待遇资格为核心,会对其权利义务产生诸多影响。对行政机关而言,行政给付基准是给付活动得以展开的基础,会因行政自我拘束产生实质影响效果。对行政给付基准的法律拘束应强调裁量权与生存权等公民权的双重面向,在制定程序上应强调法定性与科学性相结合,在法院审查上借助规范性文件附带审查机制对其加以拘束。借助这些方式,对在行政给付领域占颇多比重的规范性文件形成有效拘束,更重要的意义在于将这些行政基准纳入法治轨道。

关键词: 基准, 给付, 裁量权, 行政自我拘束, 规则

Abstract: The standards of administrative benefit, as a type of standard connecting legal norms and administrative acts, have a significant impact on private parties and administrative organs.These standards influence the rights and obligations of private parties by affecting their qualifications.They also serve as the basis for payment in administrative activities, playing a crucial role in promoting self-constraint within administrative agencies.To effectively constrain these standards in administrative benefit, it is important to emphasize both the discretionary power and the right to subsistence or other rights, as well as to highlight the combination of legal quality and scientific nature in the formulation procedure.Furthermore, enforcing these constraints through judicial review of normative documents is essential.These methodologies effectively constrain normative documents that hold significant weight in the realm of administrative benefit and are integrated into the context of ‘Rule of Law’.

Key words: Standards, Welfare Administration, Discretionary Power, Administrative Self-Constraint, Rules