Research On Legal System Of Administrative Practice

People pay less attention to source of uncodified law for a long time in the academia and practice of administrative law and the heat of the discussion and the research is not high. However, administrative customs have significant effect over the rights and obligations between administrative subjects and the counterparties in practice. Based on theoretical study, this thesis adopts different methods,such comprehensive analysis, comparative analysis and empirical research to organise and analyse the legal system of administrative customs and build institutional construction and effective and diverse rules.The first part starts with the concept of administrative customs to define and compare different notions. It aims at summarising the characteristics of administrative customs. The second part investigates the historical development of the administrative customs to exam the source, especially in the administrative customs outside the jurisdiction along with the background of the development of administrative law. In the third part, this thesis analyses both positive and negative effects of administrative customs. The positive effects make us see the possibility to create a system of administrative customs. The fourth part which is the focus of the thesis discusses the possibility to establish an administrative customs system and its methods in details. It also analyses the relationship between the administrative customs and administrative discretion. The last part proposes assumptions to form rules and reliefs from the possible negative effects in order to obtain better operation of administrative customs.