法律關係取代行政行為的可能與困局

Possibilities and Difficulties of Replacing the Administrative Acts by Legal Relationship

因為顯著的功能性與型式化，行政行為成為傳統行政法法教義學的核心。但伴隨行政實踐的變化與行政任務的更新，這一概念范疇卻可顯諸多缺陷。行政法學者轉而尋找行政法學體系新的”阿基米德支點”。在這些嘗試中，法律關係學理在方法論上展現出了行政行為所不具備的優越性，且更符合複雜多樣的行政實踐。由於發展時間尚短，行政法律關係學理同樣面臨制度化和體系化程度不高、核心理論難以突破等困局。

Because of the significant functionalization and formalization of administrative acts, they finally become the core of traditional administrative law doctrines. But changes of practices and updates of the tasks of the administrative law highlight many flaws of the concept of administrative acts. The innovators tried to replace the administrative act with the administrative legal relation in order to complete the shift of administrative law doctrine. This theory demonstrates many benefits in the theoretical methodology that the concept of administrative act does not enjoy, and is also more consistent with the increasingly complex and diverse administrative practices. However, the short development of the concept of legal relationship exposed many limitations. These difficulties not only confine it to be the new 'Archimedean point' of the administrative law but also hurdle the dogmatic shift of the modem administrative law. Nevertheless, its theoretical value as a new tool in the legal interpretation and evaluation should not be overlooked. Because of the respective irreplaceable superiority of the legal relations and the administrative act, the administrative law is more likely to enter the 'dual-cores era' in the future.