On Informal Sources Of Administrative Law

In the law of western, more and more developed countries, their administrative law of informal origin have been widely recognized by. From the macroscopic Angle administrative law, informal origin status remains to be further improved. The narrow understanding administrative law origin, is equal to the law, we must not only with legal origin one of the effect factors, quickly decided to legal origin form, this will lead to the law and the legal source of confusion. Legal origin itself is dynamic, and not fixed form of several simple joining together, more is not static. Administrative law has no insistence, informal origin of the executive power of administrative activities of the balance, general guidance characteristics. The existence of the administrative law informal origin of great significance, the effective administrative law for the vacancy, in order to better more properly written to explain the administrative legal norms, it must be with other than some of the other standard statute. The initiative to deal with the challenge of administrative discretion is expanding, and promote the administrative law rules constantly updated, once the law enacted, he will have been lagging behind. This leads to administrative law to keep up with the steps of administrative forever. This is why we can’t just rely on statutory own constantly updated and corrections, because this is not possible. Plus the law has its stability, own property to its own update cannot too frequently, so, the renewal of the administrative rules and regulations, need its own outside of the power. In fact the case function and value has been reflected in our administrative trial process, does admit that their due legal status, its influence has made the case as administrative law informal origin become a beyond doubt the inevitable result. In China has formulated by the relevant laws of the administrative law, maybe a certain principle has been a absorbed by laws, but from the macro perspective, the general principles still plays an irreplaceable role added. General principle has inclusiveness, it can be compatible with the statute. Combined with the actual situation in our country, the author thinks that, habit, short time should also not as our administrative law of informal origin. Policy plays a very important role, its guidance function throughout the trial activity process. From our country administrative rule of long-term development perspective, the judge in the process of administrative court activities for discretion must be considered in the grasp of the policies the factors, because if ignore policy guidance, will lead to the final referee is not reasonable. Our country is a traditional influence by statute of deep country, whether from the legal construction of our country now the degree and time perspective, or from the judicial, law enforcement level and personnel of legal quality to see, all needs further development and ascend. Informal origin existence has become inevitable phenomenon, so, the existence of the informal origin will inevitably has its legitimacy, it also essentially decides the fate of reforming administrative law in China.