虽然我国行政立法进程明显加快,行政法制日趋完善,然而,不论是与形态多样的社会生活类型相比较,还是与民法、刑法体系相比较,我国行政法的规范密度仍嫌不足,法律漏洞的存在不可避免。作为填补法律漏洞方法之一的类推适用不具有公法价值,因而不能在行政法上运用。但是,基于平等原则以及法官不得 Although the process of our country’s administrative legislation is obviously accelerated and the administrative legal system is perfecting day by day, however, compared with the various types of social life, or compared with the civil law and the criminal law system, the standard density of administrative law in our country is still inadequate. The existence of legal loopholes Inevitable As one of the ways to fill legal loopholes, the analogy does not have the value of public law and therefore can not be used in administrative law. However, based on the principle of equality and the failure of judges