The Study Of The Japanese Administrative Process Theory

Traditional administrative law lays particular stress on the administrative action which is the final result of administrative process.It studies administrative actions only form the aspect of static state and fixed point and cuts off the relations among all kinds of consecutive actions. However,all kinds of administrative actions always fall together to be used to form a whole and dynamic process in practical administration.Therefore, all kinds of administrative actions should be brought into the scope of administrative law study with comprehensive and dynamic visual angle.This thesis focuses on the Japanese administrative process theory. Through the study on the history,theory precursors,concepts,signification, kernel viewpoints,system info,problems,future tasks etc.of administrative process theory,the thesis points out the general development rule of modern public administration and discusses the significance of this new administrative law theory to the development of administrative law.The thesis is divided into 6 chapters to study on the Japanese administrative process theory.Chapter one:the issues of traditional Japanese administrative law.This chapter discusses the system info of traditional Japanese administrative law and indicates the limitation of it with the conversion of constitution theory, reconstruction of administrative law system,evolution of administration practice.Chapter two:the bringing of Japanese administrative process theory. This chapter analyses the bringing course of Japanese administrative process theory on the basis of history and theory precursors.Chapter three:the concept and significance of Japanese administrative process theory.First,this chapter concludes the concept of administrative process in administrative process theory,and analyses relation and difference between administrative process and administrative action, administrative procedure.Second,discusses the concept,orientation, significance and kernel viewpoint of administrative process theory on the basis of the first part.Finally,this chapter analyses the types of administrative process theory.Chapter four:the system info of Japanese administrative process theory.With the comprehensive and dynamic review method for administrative process,this chapter analyses the system info of Japanese administrative process theory from 6 aspects,including division relativizing of public and private law,conversion of essential nomocracy ism,transform of administrative law methodology,reconstruction of administrative law system,evolution of administrative action theory, improving of station and function of administrative private party.Chapter five:the exertion of administrative process theory in administration practice.This chapter review the exertion instance of Japanese administrative process theory in the process of legislation, administration and judicature.Chapter six:the problems of Japanese administrative process theory and future task.This chapter summarizes the criticism to administrative process theory and responses of the theory supporters,and concludes the current production of administrative process theory,including public character analysis theory,law system theory,law policy theory, administrative means theory.On the basis of the above part,this chapter points out the future task of Japanese administrative process theory.In the conclusion part,this thesis summarizes the main viewpoints of Japanese administrative process theory,and points out the direction of administrative law with development of modern public administration practice,and the signification of administrative process theory for the development of Chinese administrative law theory.