行政法渊源存在意义之辩诘

传统理论认为行政法渊源的认识意义在于帮助人们找到统一明确的适用法律的依据,即把行政法渊源等同于行政法适法依据。但这种认识具有很多局限性,甚至相应的一些改良观点也不能解决这些问题。而我们认为行政法渊源的存在意义并不在于它的法律适用性,行政法渊源和行政法适用依据是两个应当截然区分的概念。

An Analysis on Existence Meaning of Administrative Law Origin

The traditional theory advocates that the understanding meaning of the administrative law origin lies in helping people finding the basis which unify the clear applicable law namely equate the administrative law origin with the right law basis of the law. But this kind of understanding has much limitation; even some corresponding improvement views can not solve these problems either. The existence meaning of the origin does not lie in its legal suitability, the two concepts such as its origin and suitability to apply basis should be distinguished completely.