Research On Administrative Practice’s Validity

We are very familiar with commercial conventions, civil practice and international practice in the area of private law, but maybe a lot of people do not quite understand the administrative practice. The administrative practice has not attracted sufficient attention in the study of administrative law, the majority of our administrative law textbooks and other works either had single word, either simple discussed in telling the origin of administrative law, seldom made a thorough research, it affect the health legal development of administration practices. But the author thinks, theory research must adapt to the social reality, solve practical problems, and the changing social life for theoretical research continuously inject new task, the realism and complexity of administrative practice require us to give it more attention. In this paper, the author makes investigation and induction about the current research on administrative practice, in order to gradually solve the "veil" of administrative practice, and point out the important role of the administrative practice for the administrative law.The main body of this thesis consists of four chapters:Chapter one mainly overviews the contents related to administrative practice, respectively defines the concept of administrative practice, determines the legal status of administrative practice, analys the effectiveness of administrative practice, evaluates the function of administrative practice.Chapter two is to explore the effective mechanism of administrative practice, in theory, analy the constitution of administrative practices, that is the elements which constitute the administrative practice; in the practice of initiative phase, analy the confirmation main body of administrative practice, the confirmation method of administrative practice, the confirmation procedure of administrative practices.Chapter three is to analy the effective application of administrative practice, in this paper, reasoning system of the administrative practice mainly includes two aspects:one is the reasoning of the appliction of the practice, mainly contrasts the identity between the case and the practice, is to lay the foundation for the appliction of the practice; two is the reasoning of the escaping of the practice, mainly contrasts the difference between the case and practice.Chapter four is the research on the effective supervision of administrative practice and the effective relief to the administrative relative person, is aim to adapt to the new problems in the new situation, has more guiding significance, particularly emphasize one point, in the supervision, the judicial examination for administrative practice is based on the administrative relative people’s administrative litigation for the specific administrative acts, the object of examination is the application of administrative practices which as the basis of the specific administrative acts, it means that the courts just review incidentally in case. Based on this, go on ensuring the legitimacy of administrative practice, make the administrative relative person to obtain an objective and impartial evaluation, so as to achieve that the administrative practice correctly guides individual measurement, eliminate administrative evil example’s negative effection for individual measurement.