一、依法行政的逻辑及其“合法化能力”的困境近代以来,法治主义成为政府权力活动的基本原则。政府遵守法律,依照法律而活动,目的在于使政府行为满足合法性要求。在中国,“依法行政”作为行政法治、法治政府的一项核心要求,其逻辑亦在于通过要求行政活动依法进行,而实 First, the logic of legal administration and the dilemma of “legal capacity” Since the modern era, the rule of law has become the basic principle of the government’s power activities. Government abide by the law, in accordance with the law and activities, the purpose is to make government behavior to meet the requirements of legitimacy. In China, as the core requirement of the administrative rule of law and the government under the rule of law, the logic of “administering according to law” is also based on the logic of requiring administrative activities to be conducted in accordance with the law,