Research On The Application And Judicial Review Of Administrative Convention

Law is evolved from the customary, the social order has been adjusted by the customary rules and legal rules, Since the emergence of law. No matter how much they have the advantage, the customary rules have been there in society. This phenomenon is also in administrative management. With putting forward public governance theory, the state management model has been changed and the administrative convention has more living space. We can see that the the administrative Convention is all around the areas of administrative management through the Judgments of the courts and the typical cases of the supreme courts. Although administrative convention is frequently used in practice, but the statute law has never acknowledged it. How to deal with administrative convention and how to effectively play the role are also the task of Administrative Law. This article is based on it to discuss the application and the judicial review of the administrative convention. Administrative convention refers to the regular behavior of administrative subject in administrative activities, Administrative convention can become the rule,because people think of it as a law and it is repeatedly applied to the same things. Administrative convention we mean can have an indirect influence to the administrative counterpart.This paper is divided into the following five parts:The first part is about the basic concept of administrative convention. It include the definition of the concept of administrative convention, the analysis of the characteristics of administrative convention, the generalization of the content of administrative convention., and the division of the manifestation of administrative convention.The second part is about the legal status of administrative convention. Through the understanding of the legal status of foreign countries administrative convention and the sources of administrative law, We can sum up the legal status of administrative convention in China.The third part is about the application of administrative convention. Firstly, We can understand the basis for the application of administrative convention, It includes theoretical basis and practical needs. Then we introduce the situation of application of administrative convention.The fourth part is about the judicial review of administrative convention. Because not all administrative conventions are good, so we have to supervise administrative conventions to ensure that the administrative conventions can be in the right direction. I have made a detailed introduction about who put forward the administrative convention and the how the court deal with administrative convention.The fifth part is about improving the application and judicial review of administrative convention. Finding out the problems in the application and judicial review is the first step, then we would put forward the corresponding improvement measures. The contents of this part can provide reference for the establishment of administrative convention in the future.