在全面深化改革与全面推进依法治国的时代背景下,如何实现行政权的全面有效规制,对此应放置于法治视野中予以求解。有必要援引主导西方公法思想的“规范主义”与“功能主义”两种风格,作为布设行政权法治化治理方案的价值指引。经深入分析发现:规范主义控权模式业已成为主导的规制策略,但面临失灵的危险;功能主义建构模式实现了由涵摄迈向衡量的治理变化;两种治理模式各有优劣并可互补,应当秉持“规范主义控权模式为主、功能主义建构模式为辅”的治理模式。当前行政权的法治化治理应在该治理模式的导引下,主要从立法调控、执法治理、司法技术等三个向度展开制度设计。 Under the background of deepening the reform and pushing the country according to law in an all-round way, how to realize the all-round and effective regulation of the executive power should be placed in the vision of the rule of law to be solved. It is necessary to invoke the two styles of “normativism” and “functionalism”, which dominate western public law thoughts, as the guideline of the value of laying the foundation for the administrative rule of law. Through in-depth analysis, it is found that the normative control mode has become the dominant regulatory strategy, but is at risk of failure; the functionalist mode of construction has realized the governance change from measurement to measurement; and the two modes of governance have advantages and disadvantages and can complement each other , We should uphold the “normative mode dominated by functionalist construction mode, supplemented by” governance model. Under the guidance of this governance model, the current rule of law should take the following aspects: legislative regulation, law enforcement and judicial techniques.