行政法渊源概念之法治透视

Ruling-by-law Perspective on the Concept of the Source of Administrative Law

行政法渊源的概念在我国一般被定义为:由国家机关制定并有不同行政法效力的法的表现形式。通过对法律渊源概念产生背景以及行政法渊源所处法治时代环境的分析,认为传统的行政法渊源概念容易得出与法治精神相背离的结论,而在法治社会中的行政法渊源应当是与形成行政法规范有着直接或者间接因果联系的相关因素。

In China,source of administrative law is generally regarded as forms of expression which are constituted by state organs and have various validities of law in the administrative domain.By this concept,it is easy to draw a conclusion that deviates from the ideas of rule of law.The article analyzed the background that the concept of source of administrative law produced in,and deduced that sources of administrative law in society of rule of law are some relevant factors which have direct or indirect causal connection with administrative codes.