法律父爱主义在行政管理中得到肯定是源于其预设,即视政府为完全理性,进而可以代替心智不够成熟或是理性不足的当事人做出理性行为判断和选择。但政府的成员本身不可能是完全理性人,因而这一理论从诞生之初就饱受诟病,甚至有专制主义“变身”之嫌。同时,过度滥用和容易导致行政管理效率低下,则是法律父爱主义在实践中面临的难题。对于福利国而言,要维持公共秩序、维护公共利益、促进公共福祉,要带领国民谋求幸福最大化,国家和政府出于法律父爱主义,难免会干涉和克减个人的自由和权利,但应该依据法律保留原则和比例原则对此进行必要限缩,确保行政管理的合法性和合理性,从而有效化解法律父爱主义面临的双重困境。 Law parental affirmation in administrative management is due to its presupposition, that is, as the government is completely rational, which can replace the mental maturity or lack of rationality of the parties to make rational judgments and choices. However, the members of the government itself can not be completely rational people. Therefore, this theory has been criticized since its inception, and even has the despotic character of “transfiguration.” At the same time, over-abuse and easily lead to the inefficiency of administration, is the problem that law-paternalism faces in practice. For the welfare state, to maintain public order, safeguard the public interest and promote public welfare, it is necessary to lead the nationals to seek maximum happiness. The state and the government out of legal fatherhood will inevitably interfere in and derogate from the individual’s freedom and rights. However, According to the principle of legal reservation and the principle of proportionality, it should be narrowed down as necessary to ensure the legitimacy and rationality of administrative management so as to effectively resolve the double dilemma confronted by law-father patriarchalism.