法治社会中奉行“无法律即无行政”的原则,这是严格规则主义对行政行为的要求。然而,在复杂的社会治安秩序管理过程中公安机关一方面往往无法找到具体法律依据来进行有效管理,另一方面又要面对被民众诟议为不作为的困境。治安行政法治首先应该明确行政行为包括法律行为和事实行为,前者依据法律的具体规定,后者依据法律的概括授权;其次是避免出现事实行为中可能的侵权,使之按照类型化的方式对社会产生积极的作用。 In the rule of law society, the principle of “no law means no administration” is pursued. This is the requirement of strict regulatoryism for administrative actions. However, in the process of complicated public order management, public security organs often can not find concrete legal basis for effective management, on the other hand, they also face the predicament that people are criticized as inaction. First of all, the administrative law and order by law and order should clearly define the administrative acts including legal acts and de facto acts. The former should be based on the specific provisions of the law, while the latter should be based on the general power of law. The second step should be to avoid possible infringements in deeds and actions, Have a positive effect.