引言20世纪30年代之后,自罗斯福新政起,自由主义国家观开始逐渐转向福利国家的国家观,给付行政理论逐步发展。“凡是以积极的态度具体达成宪法所宣示人民各种社会权的授益性行政活动,即称之为给付行政。”伴随给付行政的兴起,行政权力亦得到极大地扩张与强化,由此,现代社会进入行政国家的时代。关于行政国家,学者千岛孝如此定义:“本来作为统 Introduction Since the 1930s, since Roosevelt’s New Deal, the concept of libertarian state began to gradually shift to the concept of state as a welfare state, and administrative theory of payment administration developed gradually. ”Any impartial administrative activity which, by a positive attitude, concretely achieves the various social rights of the people proclaimed by the Constitution shall be referred to as the payment administration.“ With the rise of administrative payment, administrative power has also been greatly expanded and enhanced by This, the era of modern society into the administrative state. About administrative countries, scholars Thousand Island filial so defined: ”Originally as a system