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传统行政法通过政治统治的合法性为行政权行使的合法性提供解释。但随着行政国时代的到来,这种解释面临合法性的挑战。为重新构建行政权行使合法性的体系框架,公众参与应运而生。但该制度在实践过程仍有一些问题尚待解决,对公众参与的源起及其现实问题的探究,将对行政法治的发展大有裨益。
The legitimacy of the traditional administrative law through political rule provides an explanation for the legitimacy of the exercise of executive power. However, with the advent of the era of administrative countries, this interpretation is facing the challenge of legitimacy. In order to reconstruct the system framework of exercising legitimacy of the executive power, public participation came into being. However, there are still some problems to be solved in the practice of this system. The exploration of the origin of public participation and its realistic problems will greatly benefit the development of administrative law.