现代法治包含形式法治与实质法治两种形态,相应地,法治行政也展现为形式意义的法治行政与实质意义的法治行政。行政主体对相对人拟作出不利决定时应当依据一定的合法性或正当性理由;行政程序抗辩权的存在与运行使相对人在行政程序中针对行政主体所持的理由是否真正合法或正当而予以有效抗辩,从而有力促进了形式意义的法治行政与实质意义的法治行政的生成。 Modern rule of law contains both forms of rule of law and substantive rule of law. Correspondingly, rule of law administration also shows rule of law administration in the form of rule of law and substantive rule of law administration. The administrative body intends to make unfavorable decisions against the relatives based on certain legitimacy or justification; the existence and operation of the right of defense in the administrative procedure make the relatives effective in the administrative proceedings against whether the administrative body’s reasons are legitimate or valid So as to effectively promote the formation of the rule of law administration in the formal sense and the substantive rule of law administration.