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我国行政法渊源理论在最近20年内几经变迁,但是对于成文法以外的非成文法形式绝口不提。近几年来,这些非成文法源在司法活动中和执法实践中产生了越来越重要的影响,在这些非成文法法源中,行政法的基本原则在行政法中占有不可取代的地位,本文试图通过对行政法基本原则确立为法源地位的必要性和可行性进行分析,并且对相应的规制途径给出一个合理参考。
The theory of the origins of administrative law in our country has undergone several changes in the past two decades, but at the same time it does not mention the unwritten law forms other than written law. In recent years, these unwritten sources of law have played an increasingly important influence in judicial activities and law enforcement. Among these sources of unwritten law, the basic principles of administrative law occupy an irreplaceable position in administrative law. This article attempts Through the analysis of the necessity and feasibility of establishing the basic principles of administrative law as the legal status, and gives a reasonable reference to the corresponding regulatory approach.