近代大陆法系行政法理论及影响探析

A Tentative Study on the Theory and Practice of the Administrative Law in Modern Continental Law System

中世纪后期,随着商品经济的发展和市民阶级的壮大,以理性主义为核心的近代启蒙思想蓬勃兴起,深刻影响了资本主义法制文明。以自由主义、法治和分权思想为基础的行政法便是资产阶级政治、经济要求在法律上的体现。随着行政法理论的传播,欧洲各国开始了行政立法实践,并形成了行政法学这一新兴的学科。而后亚洲很多国家也继受了大陆法系行政法理论,开始了行政法现代化的进程。

With the development of commodity economy and the residential social class, the enlightenment thoughts came into being with rationalism as the core. The thoughts have a far-reaching impact on the capitalist legal civilization. The administrative law that is based on the ideas of liberalism, ruling by law and separation of powers is embodied in the capitalists＇ political and economic demand. With the spread of the theories of administrative Law, European countries started drawing up administrative law. Thus, administrative law as a discipline was established. Then many Asian countries accepted modern continental law system and started their modernization of administrative law.