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我国行政法的基本原则经历指导思想、学习对象和逻辑起点的变化,基本原则的学说可谓百家争鸣,但近期却进入“冬眠期”并面临法律移植、政府职能转变、行政管理主体多元化、国际化挑战、立法缓慢、政策导向中理论不足等诸多困境,面对新时期的挑战应该坚持正义价值判断的基点以实现公民之自由为目的,从已有法律规范的实际出发,研究确立面向社会生活事实开放的行政法基本原则。
The basic principles of China’s administrative law go through changes in its guiding ideology, learning objects and logic starting point. The doctrine of basic principles can be described as a hundred schools of thought. However, it has recently entered the period of “dormancy” and is faced with legal transplantation, changes in government functions, diversification of administrative bodies, Facing challenges in the new period should adhere to the basic point of judging the value of justice in order to achieve the freedom of citizens for the purpose of starting from the actual laws and regulations have been established to study for the establishment of social The fact of life is open to the basic principles of administrative law.