On The Feasibility Of Incorporating Administrative Customs Into Administrative Law

The source of administrative law is a hot issue in legal circles.Since the origin of administrative law will be more or less involved in the administrative organization and administrative role in the content, so it is a basic category when scholars research the administrative law. For such a rational understanding of this normative legal system, exploring the origin of administrative law is a best choice. The origin of administrative law is often defined as a combination of various enactments in our jurisprudence,and few scholars concern about the source of unwritten administrative law. In contrast,foreign scholars have made relatively abundant academic research on the source of unwritten administrative law. In China,although the status of the origin of unwritten administrative law has not been clearly identified the by the current administrative system,but in actual administrative rulings, all kinds of issues related to the sources of unwritten administrative law aroused our attention.In the process of construction of administrative law, the customary rule is generally regarded as the antithesis of law,but the reality is that the administrative habit is hard to break away with the origin of administrative law.And the administrative habit is a supplement of the origin of administrative law. As a social norm, the status of the administrative habit can not be ignored in actual administrative rulings.Therefore,bringing the administrative habit into the source of administrative law is necessary and feasible.Firstly, the thesis introduces the research status for the source of unwritten administrative law at home and abroad. It defines the meaning and the characteristics of the source of administrative law. And the thesis also describes the administrative habit.Secondly, through the analysis of specific cases, it illustrates the lack of the source of unwritten administrative law theory and shows the status of the administrative habit in actual administrative rulings.Thirdly,the thesis analyzes the the pros and cons of bringing the administrative habit into the administrative law.The results illustrate that bringing the administrative habit into the administrative law has more advantages than disadvantages.Finally,the thesis consults the major countries of two legal systems to explain the assumption of bringing the administrative habit into the source of administrative law. It specifically discusses the system of bringing the administrative habit into the source of administrative law,the rank identification of the administrative habit and the application and restriction for the administrative habit. So that the thesis has a certain practical value.Therefore, bringing the administrative habit into the source of administrative law has its feasibility.