一、依法行政的产生和发展依法行政理论崛起于法治国家兴起之后,而在不同的时代也有它不同的意义与要求。在市民法治国家(夜警察国家)中,依法行政发生的背景是人民刚脱离专制国家的束缚,所以采取放任主义,重视自由权、生命权和财产权的保障。国家行政功能很小,仅仅做公民无法独立完成或不愿意做的事项。所以主张“管得最少的政府就是最好的 First, the emergence and development of the administration according to law According to the rise of the theory of administrative law in the rise of a country ruled by law, but also in different times have its different meanings and requirements. In the legal state of the citizenry (night police state), the background of the administration by law is that the people have just emerged from the shackles of an authoritarian state. Therefore, they should adopt laissez-faire and attach importance to the guarantee of the right to freedom, life and property. The function of state administration is very small, only matters that citizens can not complete or do not want to do independently. So advocate "the least managed government is the best