Decision Making: A Covered Behavior By The Traditional Administrative Law Theory

Perspective in the Administrative Law, administrative decision-making is always present as an identity of others which has not been included in the study of Administrative Law. This is based on the judgment of study on decision-making phenomenon by traditional Chinese and Western executive theory:The achievements of Chinese administrative law theorists on the administrative decision-making are mostly from the perspective of political science and the research out of legal government, lack of general powers attributes, types and effectiveness of exploration. Western theory of administrative law is a political decision-making process, as a value distribution of the political authorities, and more research on decision-making viewed from administration and public administration.Two negative effects has been occurred by not being systematic studied the administative theory law in Western countries and China. First, led to the disconnection of theoretical and reality, then,lack of legal regulation in the decision-making. The reason why the traditional administrative law theory does not find the phenomenon of administrative decision-making, can be generally attributted to three types of "shelters"in western countries. First, the administrative decision-making was covered by legislative dicision-making. Second, the administrative decision-making was overshadowed by the model of administrative operation. Finally, the administrative decision-making was shadowed by strictly legal administration.While in China,the reason is different from the fronter,which has three:Panliments shadow it, and the party decision-making executives shadow it, and overwhelmed administrative power masks it.As a research of self-consistent logic, it should be pointed out the paths or directions of the administrative law uncovering the administrative decisions:(1)establish a new administrative discipline-Administrative Decision; the article focuses on the discussion of Administrative Decision, including disciplinary nature, research subjects, research methods and disciplinary structure and so on. (2)establish Administrative Decision Law; the article focuses on the interpretation of Administrative Decision Law, including legal form, function value, purpose of legislation, legislative principles and main contents and so on.