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1 行政法渊源是指行政法的具体表现形式。过去,学者们一般认为我国行政法的渊源主要是指宪法、法律、行政法规、地方性法规、行政规章、自治条例和单行条例等法律形式,往往忽视了国际条约和惯例这种特殊的行政法渊源。他们在阐述行政法渊源时,有的仅提到国际条约也可作为行政法的渊源,却未作具体说明,有的甚至根本不将国际条约视为行政法的渊源。目前看来,这是我国行政法理论研究中的一个不足,与当前对外开放的客观现实是不相适应的。随着我国的对外开放向广度和深度的发展,我国同其他国家、国际组织、外国公民和法
1 The source of administrative law refers to the specific form of administrative law. In the past, scholars generally believed that the origin of administrative law in our country mainly refers to the legal forms such as the constitution, laws, administrative regulations, local laws and regulations, administrative rules and regulations, autonomous regulations and individual regulations, and often neglects the special administrative law of international treaties and conventions origin. When they elaborate on the origin of administrative law, some only mention that international treaties can also serve as the source of administrative law. However, they have not given any specific explanations. Some even do not regard international treaties as the source of administrative law. At present, this is an inadequacy in the study of the theory of administrative law in our country and is incompatible with the current objective reality of opening to the outside world. With the development of our country’s opening to the breadth and depth, our country and other countries, international organizations, foreign citizens and the law