According to the understanding of formalist rule of law，The law should leave a blank space for freedom。for this，Facing the market、Society、Personal and other extra-legal spaces，The law should strictly delineate the boundaries of its own activities，Unless necessary，Try not to intrude、Intervening in extralegal space。The harm principle in criminal law，The principle of autonomy of will in civil law，The interests of litigation in procedural law、Boundaries of judicial power、Principle of don’t complain or ignore, etc.，They all serve "the law delineates the boundaries of its own activities"，The goal of setting up a fence。

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Administrative law is no exception。at 17、The era of negative states in the 18th century，Because social life itself is very simple，Government functions are also very simple，Adapt to it，One-third of an acre of land under administrative law is very small，Administrative penalties only、Administrative enforcement、A small number of administrative infringements such as administrative licensing are included in the jurisdiction of administrative litigation。Even in the 19th century，Modern countries enter the era of active countries，As administrative tasks emerge in endlessly，Administrative entities and administrative activity methods are increasingly diversified，The scope and depth of administration continues to expand，But，In addition to infringing on the administration，There is still only a small amount of benefit administration、Administrative Agreement，and the law、Regulations、The administrative actions of organizations authorized by regulations are included in the administrative litigation track。with 17、Compared to the 18th century，Although in a positive country，The jurisdiction of administrative law has been expanded，But this expansion is compared to the breadth and depth of administrative expansion，Not proportionate。In addition，Either in negative countries，Still in a positive country，The court only conducts judicial review of administrative actions that enter the jurisdiction of the court based on the principle of legality，Only determine whether administrative actions exceed the boundaries set by law，Will not make substantive judgments on administrative matters。

However，In industrialization、In the historical process of urbanization and informatization，Bet365 app download Do not interfere with administrative law、Intervening in extralegal space，Doesn’t mean anything else，Such as discipline and governance，Do not enter the extra-legal space to respond to the mission of the times。Based on Foucault’s investigation，In response to the influx of era tasks，The blank space of discipline and governance in administrative law，Any expansion，Diffuse to the entire society，Build their own majestic buildings，Out of "a deep road、A consistent and thoughtful path”。As opposed to，Facing this historical process，The law still guards its own "formal legality review".，Like an outsider，Watching social changes from a distance。In this sense，Can we say，The classical liberal ideal believed in by traditional administrative law and the pursuit of formal legitimacy，It has more or less affected the realistic responsiveness of administrative law？Facing the new tasks of the times，Administrative law continues to adhere to "the freedom of relying on outdated judicial techniques"，Taking the scope of the case as the starting point，Standing to the Court，Holding a "legal telescope" to examine existing disputes from a distance？Still imaginatively expanding jurisdiction，Open up new territory outside the court，Respond to complexity more proactively and substantively、Many、Professional mission of the times？

　　Self-adjustment and growth of the new administrative law

The new administrative law should not only focus on setting up legal fences，Delimiting the boundaries between extra-legal space and intra-legal space，Review of the legality of cross-border administrative actions，Mending for justice，You should still enter the fence，Thinking about how to deal with various tasks of the times in the administrative field，Contribute to specific governance；The new administrative law cannot be limited to repressive laws，Negate like an outsider、Exclusion、Reject illegal administrative actions，Or directly order society like legal paternalism、Market、How individuals should behave，It should also establish itself as a responsive law，Enter administrative territory，Lean over and observe what is contained in society、Inherent laws in the market，Adopt methods accepted by society and the market，Indirectly regulate them。This is the new task assigned to administrative law by the times。

First，On the event field，The new administrative law should look beyond the courts located downstream in the system，Turn to the legislative and policy-making areas located upstream of the system。This means that administrative law can jump out of the traditional bet365 live casino games activity field of courts，Come to the field of legislation and policy making，Think about legislation or policy-making issues from the perspective of a legislator。actually，This turn is not a proper judgment，Instead, it formulates authorizing legislation for administrative agencies、Regulations、Response to the task of this era by regulating the following normative documents。As administrative agencies become more and more frequently involved in matters concerning the interests of the majority、Present and future legislation and policy development，Their function is not limited to "executing the orders of the legislature" after the fact，They also want to come upstream of the system，"fire-fighting" through legislation and policy formulation。From this，Legislation is no longer about setting rights and obligations、A pure normative system that delimits power；Administrative agencies can based on actual needs，Broad use prohibited、Command、Market、Communication、Various tools such as consensus and architecture，And by law、Administrative regulations、Regulations and other normative documents serve as the carrier of these tools，Respond more generally to the distribution of interests in the process of national governance、Economic Development、Social stability and other issues。

Secondly，In terms of functional positioning，The new administrative law should position itself as what Wade calls "law related to administration"。According to Dai Xue’s definition，The administrative law downstream of the system is positioned as “the law that controls power”，That is, through negative rules，Set fence，To limit the scope of administrative authority，Thus controlling power；The positioning of administrative law in the upstream of the system is "law related to administration"，i.e. it encourages the executive to jump over the fence，Participate in grass planting (public goods)。Otherwise，There is only a fence，No grass，There is no way to graze cattle and sheep。In order to grow grass，The Legislature grants the executive agency unprecedented room for discretion，They no longer carry out ex post supervision only through administrative enforcement in individual cases as they did in the past，Instead, it enters the upstream field of the system that originally belonged to the legislative body，Adopt administrative regulations、Regulations、Regulations and the following normative documents to participate in prior decision-making。Anyway，Administrative law must not only achieve formal legal justice in the court area，Also in the realm of legislation Bet365 lotto review and policy，Think about who to “plant grass” for，How to “grow grass”，Grow better grass，And how to “distribute grass” and other public decision-making capabilities that are related to substantive justice。

Finally，In subject methods，The methodology of the new administrative law should shift from legal doctrine to the comprehensive application of law、Economics、Political Science、Administration、Statistics and other social science methods。On the one hand，In legislation and policy development，System designers do not mainly deal with the issue of "legitimacy"，It is about "feasibility", "scientificness", "cost-benefit", "risk" and other future-oriented and benefit distribution issues for an unspecified majority of the population，It requires system designers to comprehensively use various social science methods。On the other hand，Compared with the individuality of the applicable objects of specific administrative actions，Legislation and policies are applicable to unspecified groups of people，That is, a large-scale population。Everyone knows，Legal doctrine is good at handling cases extemporaneously，Protect individual rights，But this old method of focusing on individuals cannot govern the population。As a new political subject，Population has more depth than individuals，It’s huge，Dependent on climate、Law、A series of variables such as habits，Full of uncertainty and spontaneity。Facing population governance，“Those who control the future are statisticians and economists”。System designers need to use statistics、Economics、New methods such as sociology，By calculation、Analysis and Observation，To discover the laws that affect population，To adjust something that seems unrelated to the population。

　　Innovation in the Guiding Concept of the New Administrative Law

　For the new administrative law，Activity area only、The shift in functional orientation and disciplinary approach is not enough，New guiding concepts need to be established。The guiding philosophy of traditional administrative law is to limit government power，Protect citizens’ rights。It sees executive power as its opposite，An “evil” that needs to be removed，It reminds the administrative agencies all the time，You cannot destroy freedom”，You cannot destroy freedom”，This is the principle of ultra vires and invalidity。The new administrative law takes utilitarianism as its guiding philosophy，Advocates to weigh the costs and benefits of legislation and policies through calculation，It opposes setting goals other than efficacy as goals for legislation and policymaking，We are bet365 live casino games also opposed to using very costly means such as moral preaching or legal coercion to achieve goals。Utilitarianism is like a permanent economic court，It is based on utility，To determine the scientific nature of legislation and policies、Feasibility。

Based on the principle of utilitarianism，The new administrative law is not mainly about how to limit power、Protect rights to legislate and formulate policies，It focuses on how to configure rights among different subjects、Obligation、Responsibility can maximize social benefits。For example, when legislators cannot determine whether a benefit (such as a lawnmower with certain risks) has potential costs (such as injuries related to accidents)，It should build responsibility rules，Let the cost of harm be borne by the party best able to weigh the costs and benefits。This legislation would place costs on the party best able to avoid them，Or put it on the party most capable of inducing others to act safer。

When choosing which tools to achieve your goals，The new administrative law will evaluate the net benefits and social costs of different tools。Specifically，The new administrative law will no longer rely mainly on administrative penalties、Administrative enforcement、Standard and other prohibited types、Command-based regulation tool，Because from the perspective of overall cost-benefit measurement，The cost of developing these tools、Execution cost、Compliance costs are too high。For achieving goals，Price、Social Norms、Consensus、Tools such as communication and architecture can become commands、Prohibited Substitutes。In legislation and policy development，Price incentives can be used to change people’s behavior，For example, in the field of environmental protection，Use sewage charges、Tradable emission permit、Deposit—return and other tools，Exploring how to maximize environmental protection goals at the lowest cost。You can also try to use the internalization function of social norms，To change people’s behavior，If the legislation stipulates that publicity and education should be used to condemn those who do not wear seat belts、People who keep dogs without leashes，And carry out public education on the harmful effects of smoking on health。In addition，Physical architecture and science and technology can also be used extensively，If required, design a road speed bump at the school gate，Reduce traffic accidents，Directly use artificial intelligence to filter keywords，Cleverly arrange the environment and design space，Thus completely solving the problem of behavioral regulation，It can also reduce law enforcement costs，Ensure the feasibility of legislation。

Based on the principle of utilitarianism，The new administrative law Bet365 lotto review stands from the perspective of the governance objects，Thinking about the issue of “appropriate governance”。Facing the Law of Utility，The essence of legislation and policy formulation is neither "governance by inaction" that demarcates the boundaries of legality，It is not "excessive governance" that tells governance objects how to behave all the time，It lies in “appropriate governance” based on the natural nature of the governance object。Different from “inaction governance”，Treat governance objects，“Appropriate governance” does not mean that outsiders just sit back and watch；At the same time，It is also different from “over-governance”，“Moderate governance” focusing on cost-benefit analysis，Neither insists on comprehensive control over governance objects，Nor does it attempt to completely transform the nature of the subject of governance，It advocates embracing risk and uncertainty，Conform to the nature of the managed object，Promote them to self-manage - "I will produce for you the things on which freedom depends"。In this sense，The worst legislation and public policy is ignorance，Much ado over nothing，Too positive and promising。Legislators and policymakers should understand the economy scientifically、The complex nature of society，And observe the inherent naturalness of these elements，Resist the urge to give orders and intervene，Let the governed take action，Use internalization to achieve governance goals。There is a lot of mandatory self-regulation in today’s legislation、Voluntary self-regulation、Cooperative Governance、System design for industry self-discipline，They are all manifestations of this kind of "moderate" governance。

A new life for administrative law

In short，The new administrative law believes that，The most pressing issue facing administrative law today is not how to swim upstream，Taming regulation and governance，But how to take advantage of the trend，Join the new game of regulation and governance。"Although the law has lost its judicial basis，But it continues to develop into such an important means of power in modern times”。In the process of joining a new game，The new administrative law has become much sharper than the traditional administrative law，In comparison，Traditional administrative law has never been so powerful。In this sense，The tasks of the times shape the new aspects of administrative law，Gives administrative law new life。

Then，Does this mean that administrative law must give up “limiting power?、What about the normative dimension of traditional administrative law of “protecting citizens’ bet365 live casino games rights”？Not。In the movie "The Matrix 1"，NEO’s mission is the same as traditional administrative law，Transmitting negative feedback to the power of the sovereign state on behalf of individuals and society，He is the balance and self-purification mechanism of the sovereign system。Facing a system controlled by artificial intelligence (Matrix)，The classical myth of traditional law protecting freedom as told by John Mill，Only occasionally appears in the dreams of a few Neos。But，Neos still wake up from their sleep，Help system collect vulnerabilities，Upgrade patch，Preventing the complete collapse of systems controlled by artificial intelligence。Similarly，Administrative law joins the new game of the administrative state，It does not mean that it completely abandons the normative dimension of the rule of law of traditional administrative law。The problems of modern administrative states are well known，Such as totalizing, etc.。Therefore，In the court, the territory of traditional administrative law，Practice "limiting power、The classical rule of law principle of “protecting citizens’ rights”，Still an important issue in contemporary administrative law。What’s more important，The rule of law is also an important way to balance the passive and defensive traditional administrative law with the active and sharp new administrative law。

　　(Author’s affiliation: Sun Yat-sen University School of Law)