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中国行政法学百年发展历程呈现出一幅移植之图与改造之景,改革开放三十年则于此图景中孕育出中国当代行政法学并将其基本品质铸塑为形式法治下之传统模式。然深植于西方宪政理论、法治思想及自由主义哲学中之传统模式在其原生地即因时代变迁而危机四伏,而在中国行政法制建设与行政法学研究朝形式法治前进并日益“欣欣向荣”之背后,市场经济催生出之公共行政激变亦对其形成致命性冲击。身处如此冲击而面临形式法治下之传统模式应对乏力之境况,秉持一种从自我出发对中国行政法作一彻底反思与检视之立场,而以身具自主性与自我意识之和谐行政法解读中国行政法、献礼于“我们究竟需要一个什么样的行政法(学)”这一行政法学元命题。
The centenary history of Chinese administrative law shows a landscape of transplanting and transformation. In this picture, thirty years of reform and opening up gave birth to China’s contemporary administrative law and cast its basic quality as the traditional mode under the form of rule of law. However, the traditional model rooted in the Western constitutional theory, the rule of law and the liberal philosophy has been in crisis in its native place due to the changes of the times. However, in the process of building China’s administrative legal system and studying administrative law, it is becoming more and more prosperous and prosperous. The shock of the public administration that has been spawned by the market economy has also caused a fatal impact on the economy. In the face of this impact, the traditional model of legal status under the rule of law needs to deal with the situation of weakness and upholds the position of a thorough reflection and examination of China’s administrative law from its own starting. However, with the interpretation of a harmonious administrative law with autonomy and self-awareness China’s administrative law, courtesy in the “What exactly do we need an administrative law (learning)” This administrative law meta proposition.