行政法中的不确定法律概念是个不断演进的问题,它从行政裁量的混沌中分离并得以完善。在德国,不确定法律概念进入行政诉讼实践已有半个多世纪,近年来借助基本权利呈现了新的发展可能性。与之形成有趣反差的是,我国行政法学界却对此产生了误读。 The concept of indefinite law in administrative law is an evolving issue, which is separated and improved from the chaos of administrative discretion. In Germany, the concept of indeterminate law has entered the practice of administrative litigation for more than half a century. In recent years, with the help of basic rights, new possibilities for development have emerged. The interesting contrast with it is that our country’s administrative law circles have misinterpreted it.