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行政法包含性质迥异的两个部分:建构性法律和规范性法律。西方的建构性法律产生于行政过程,是行政本身的需要,它们由国会和政府共同掌管;规范性法律则主要表现为司法职能。以建构性法律作为行政法的标准样板,会形成行政法的管理论;以规范性法律为样板则会形成行政法的控权论,两者对行政法的认识都是片面的。要创建超越这两种倾向的平衡论,必须将行政法的建构性与规范性统一起来,这样才能准确把握行政法的概念。
Administrative law contains two parts of very different nature: constructive law and normative law. Western constructivist law stems from the administrative process, which is the need of the administration itself. They are jointly run by the parliament and the government. Normative law is mainly manifested in the judicial function. Taking the constructive law as the standard model of administrative law will form the administrative theory of administrative law, and the normative law will form the administrative law’s controlling power. Both of them have one-sided understanding of administrative law. To create a balance theory that goes beyond these two tendencies, we must unify the constructivism and normativity of administrative law in order to accurately grasp the concept of administrative law.