路政管理是一种行政执法活动,必须依法行政。而依法行政原则上要求管理部门必须承担其行为的法律效果,它毫不例外地受到行政诉讼法的制约。而依法行政的首要条件是机构的设置要合法有效,它必须是能以自己的名义实施国家行政管理活动,并对其行为效果承担法律责任的组织,及具备行政主体的资格。否则,就会因主体不合法而导致败诉。一、行政诉讼法和公路交通的发展对路政管理体制提出了法律要求和客观必然性路政管理体制,是指路政管理权 Road administration is an administrative law enforcement activities, must be administered according to law. In principle, administration by law requires that the administrative department must assume the legal effect of its actions, and it is subject to the administrative procedural law without exception. The first condition for the administration according to law is that the institution should be set up legally and effectively. It must be an organization capable of carrying out state administration activities in its own name and assuming the legal responsibility for the effects of its actions and that it possesses the qualifications of an administrative body. Otherwise, it will result in the main illegal. First, the Administrative Procedure Law and the development of road transport on the road administration system put forward the legal requirements and objective necessity of the road administration system, refers to the right to administration