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当前我国行政法教学某些领域受自由主义政治哲学和“控权”论传统行政法理论范式影响而存在着片面批判政府之现象,从长远来看,不利国家实现法治和善治。这种现象的发生,究其根源,乃是因为行政法教学中“国家”观念的缺失。为此,当前行政法教学亟需进行深刻的观念变革,树立“国家”大观念,摈弃“公民—政府”二元对立对抗的片面狭隘思维,全面理性地认识二者既对立对抗又合作依赖的关系,积极倡导“公民-政府”合作善治,助力中国“合作型”新行政法理论范式的形成。
At present, some areas of our country’s teaching of administrative law are influenced by the liberal political philosophy and the traditional paradigm of administrative law, which imposes the one-sided criticism on the government. In the long run, it is unfavorable for the state to realize the rule of law and good governance. The root cause of this phenomenon is the lack of the concept of “state” in the teaching of administrative law. For this reason, the current administrative law teaching urgently needs profound ideological change, fostering the concept of “state” and abandoning the one-sided and narrow thinking of the “citizen-government” dual antagonistic confrontation and comprehensively and rationally understanding that both are opposed to each other And cooperation and dependence, we actively advocate the formation of the theoretical paradigm of new “Administrative Law” in China by means of “good governance by cooperation between citizens and government.”