我国行政法学界提出行政法理论基础的命题至今已足足二十年。其间,在最近十年中还发生了长期而激烈的争论。有学者预言:这场讨论将继续受到更广泛的重视。一、“行政法理论基础”争论历史的反思综观这一、二十年的争论,我们可以发现,以往的研究至少有以下缺陷和问题:第一,不分法律的“第一现象”、“第二现象”、“第三现象”,不注意从行政法的本源上去探寻行政法产生、存在和发展的客观基础,也不重视从法的“第一现象”与“第二、第三现象”之间的关系中去认识行政法的本质和要 The proposition of the theoretical basis of administrative law put forward by our country’s administrative jurisprudence has been for 20 years now. In the meantime, there have been long and heated debates in the last decade. Some scholars have predicted that this discussion will continue to receive more extensive attention. I. Reflection on the Historical Debate of “Theoretical Basis of Administrative Law” Looking at this and the 20-year controversy, we can find that previous studies have at least the following defects and problems: First, regardless of the “first phenomenon” of law, Second phenomenon “and” third phenomenon “, and does not pay attention to explore the objective basis of the emergence, existence and development of administrative law from the origin of administrative law, nor does it attach importance to the” first phenomenon “and” the second and third phenomena "To understand the nature of administrative law and the need to