试论现代法治背景下行政法的类型

法治是一种法律和政治上的愿望，在现代法治背景下，行政法的类型可以概括为三类：秩序法治、行政法治和回应型法治。秩序法治是以维护社会公共秩序为目的、以管制为特征，主导国家社会生活的一种法律秩序形态；行政法治是以控制行政权力为使命，政府行政行为受到正义之法约束的法治状态；回应型法治是以对当代行政法特征和规律的重新认识为基点．它是一种合作型的、积极的、动态的、自省的、“生态型”的行政，是一种全覆盖的法治状态。

On the Type of Administrative Law under the Background of the Modem Rule of Law

The rule of law is a legal and political aspiration. In the modem context of the rule of law, administrative law can be classified into the following three categories： the rule of law based on order, the administrative rule of law and the rule of law based on response. The rule of law based on order means to maintain public order for the purpose of regulating the country＇s social life with control as its characteristics; The administrative rule of law regards controlling the administrative power as its mission, making the administrative action of the government under the constraint of the law of justice; The rule of law based on response, recognising the characteristics and rules of contemporary administrative law is a cooperative, active, dynamic, introspective and ecotype administration, and a full coverage of the rule of law.