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行政法中不和谐因素是行政法内部不能自洽、行政法诸元素互不关联、行政法的规制方式相互否定、行政法发展结果分裂等状态。其表现为:行政法实在与行政法实现、行政立法与行政执法、行政法一般规则与部门行政法规则、作为“体”的行政法与作为“用”的行政法的不和谐。这些问题足以制约一国行政法治的进程,然而并没有引起我国学界的重视。我们认为有必要探讨行政法中不和谐因素的解决对策,应当用宪政制度统领行政法体系、用公法理念框定行政法概念、用公平理念构筑行政法治、用广义司法审查构建行政救济体系。
The disharmonious factors in the administrative law can not be self-consistent within the administrative law, the elements of the administrative law are not related to each other, the administrative regulations are mutually denied, and the administrative law is divided. The manifestations are: the real of administrative law and the realization of administrative law, the administrative legislation and administrative law enforcement, the general rules of administrative law and the administrative rules of the department, the administrative law as “body ” and the disharmony of administrative law as "use . These problems are enough to constrain the process of a country’s administration and the rule of law, however, it has not drawn the attention of our academic circles. We think it is necessary to explore the solution to the discordant factors in administrative law. We should use the constitutional system to lead the system of administrative law, define the concept of administrative law with the concept of public law, construct the administrative rule of law with a fair concept and construct the administrative remedy system with general judicial review.