The Research On The Administrative Convention In China

Administrative convention is repeated the administrative body in the process of dealing with administrative matters in the exercise of authority, habitual practice. It is the accumulation of experience in the executive authorities to deal with administrative matters summary, with the long-term, repeated applicability, because the law convinced and generally complied with. External effectiveness of the administrative discretion in accordance with the defect administrative convention; in judicial practice, the judge will also consider administrative practice. Administrative statute law can not overcome its own shortcomings, there is room for development of administrative convention, administrative convention can raise administrative efficiency, reduce the resistance of the administrative body of administrative purposes; to reduce the administrative counterpart of administrative action challenged, provides for civic action predictability.The article start from the definition of the administrative convention, analysis the current situation and administrative convention basic theory, on the basis of the concept of administrative convention definition, summarized the characteristics, types of administrative convention. Administrative convention of the legal status and legal effect is administrative convention in administrative practice applicable basis, so first need to clarify it. Administrative convention in this paper is the application is the practice of the foothold, although in reality for many administrative convention, but the theory research not mature, in practical operation and no relevant supervision system, to solve the problem of the applicable law of administrative convention and the applicable effect, the transformation of the problems in this one, and concluded that administrative convention for the reasonable needs not only case release system also need to administrative convention in the judicial review, the judicial review of administrative convention the legal basis for censorship standards and conditions, are discussed in detail. Administrative convention is thus positive effect, but we can’t ignore the negative effects, so shall also be applicable to the administration of the practice of certain restrictions.