引言:“现代性”与本文的问题意识为了研究中国宪法与行政法学领域的现代性问题,我曾遍查该领域有关方面的文献,发现这方面的资料虽有一些,但都难免囿于一定的局限。正如伯尔曼所指出:法律概念的狭隘性不仅阻碍了我们对法律的视野,而且阻碍了我们对历史的视野。人们把法律主要看做在某个特定的国家生效的一大堆立法的、行政的和司法的规则、程序和技术。与这种法律观点相伴随的历史眼光被 Introduction: “Modernity” and Problem Awareness of the Article In order to study the issue of modernity in the field of constitutional and administrative law in China, I have reviewed the relevant literature in this field and found that although there are some sources in this field, it is inevitable In certain limitations. As Berman pointed out, the narrowness of the concept of law not only hinder our vision of law, but also hinder our vision of history. The law is primarily viewed as a whole host of a host of legislative, administrative and judicial rules, procedures and techniques that come into force in a given country. The historical perspective accompanying this legal viewpoint is