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“依法行政”原则本身内涵着行政与法律之间的复杂关系,行政与法律之间在目的、形式、实施手段方面存在同构因素。同时,行政与法律之间又存在约束与扩张的关系。这种复杂关系给“依法行政”原则的未来发展带来不少困难。为使这些困难减少到最低程度,第一,要以同构为基础,造就一个有利于行政与法律同步发展的宽松环境;第二,合理与合法兼顾;第三,对不同文化环境采取相应措施。
The principle of “administrating according to law” inherently implies the complicated relationship between administration and law. There is an isomorphic factor in the purpose, form and means of implementation between the administration and the law. At the same time, the relationship between administration and law exists between restraint and expansion. This complicated relationship has brought many difficulties to the future development of the principle of “administration by law”. In order to minimize these difficulties, firstly, we should create a relaxed environment conducive to simultaneous development of administration and law on the basis of isomorphism. Secondly, we should give due consideration to both legal and legal issues. Third, we should take corresponding measures in different cultural environments. .