Mature And Change

The rationale for the administrative jurisprudence is not only the core of the theory system, but also the starting point of different theories to be established and developed. As a principle, the rationale for the administrative jurisprudence changes gradually. And this change affects the three factors of the administrative jurisprudence greatly, including the research object, the theory system, and the research method. So the rationale determines the direction of the administrative jurisprudence.In this article, part 1 elaborates the close contact between the rationale and the administrative jurisprudence, from three respects, the history, characteristic and factors of the administrative jurisprudence. This part also discusses how the Public Service Theory was put forward and developed, and explains the process that it was transplanted to China.The part 2 expounds how the research objects of administrative jurisprudence expand significantly under the guide of the Public Service Theory. First, the category of administrative jurisprudence subject extends from the administrative organs to the social organizations exercising administrative function. Second, along with the transformation from the formal rule-of-law to the substantial rule-of-law, the concept of administrative act extends from compulsory administrative act to no-compulsory administrative act. Last, the strict administrative litigation theory tends to be flexible gradually. And much more administrative disputes are brought into the scope of administrative litigation.The part 3 analyses the change of the administrative jurisprudential system which is the structure of the administrative jurisprudential knowledge. For one thing, it tends from the abstract general theory system to the specific branch theory system. For another, it transforms from the static system paying attention to the result to the dynamic system attaching importance to the process.The part 4 puts forward a view that the research method of modern administrative jurisprudence tends to the social positivism from the metaphysical individualism. And the method of the positivism contributes to the independence and development of the Chinese administrative jurisprudence. Specifically, the analytical positivism helps the Chinese administrative jurisprudence come back to the jurisprudential essence. And the social positivism promotes the localization of the Chinese jurisprudence.In a word, the Public Service Theory provides a helpful analytical tool for the current administrative phenomenon. As a result, the focus of modern administrative jurisprudence transfers to administrative process from judicial review. As the obstacle between the public law and the private law breaks down, the research objects diverse greatly, the research method of social positivism is brought in, and the concept structure and the theory system of the traditional administrative jurisprudence are reconstituted. In this way, a modern administrative jurisprudential system which is explanatory to the administrative process of the real world has been built.