法律的保留构成了法治主义的中心,法律保留强调行政作用一定要依据相关的法律才能执行。法律保留原则发轫于传统行政作用的侵益性,并滥觞于消极行政范围的适用。然而,在积极行政崛起的背景下,传统法律保留原则的适用与积极行政产生抵牾与冲突,通过组织法依据、实体法依据和遵循程序法行政的阐释,可以寻找破解二者冲突与困境的路径。 The reservation of law constitutes the center of the rule of law. The law reserves the emphasis that the administrative role must be enforced in accordance with the relevant laws. The principle of legal reservation has its origin in the profit-making nature of traditional administrative functions and is applicable to the negative administrative scope. However, in the context of the rise of active administration, the application of the principle of traditional legal reservation conflicts with the positive administration. Through the organization basis, the substantive law basis and the procedural law administration, we can find the way to solve the conflict and the predicament between the two .