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行政法经过了30多年的研究,取得了飞跃式的发展,但是表面上的繁荣掩盖不了其所面临的窘迫。多个法律条文之间上下的不衔接和冲突问题明显,归根结底源于没有真正建构行政法的基础理论。学界关于行政法基本理论问题的探讨大致有三种主流观点,一是管理论;二是控权论;三是平衡论。这三种主要的学说为行政法基本理论的建立提供了很多行之有效的素材,但是任何一个理论孤立存在都会面临生存的困难,所以汲取多种理论的精髓,让每个理论吸收成长并逐渐融合或许是建构行政法基本理论的最好方法。
After more than 30 years of study in administrative law, great progress has been made, but the apparent prosperity can not cover the difficulties it faces. There is a clear issue of convergence and conflict between the various legal provisions, which in the final analysis stems from the fact that there is no basic theory on the actual construction of administrative law. The academic circles on the basic theoretical issues of administrative law, there are roughly three mainstream viewpoints, one is the theory of management; the second is the theory of control; the third is the theory of balance. These three major theories provide many effective materials for the establishment of the basic theory of administrative law. However, the existence of any one theory faces the difficulty of survival. Therefore, drawing on the essence of many theories, each theory can be absorbed and developed gradually Convergence may be the best way to construct the basic theory of administrative law.