Objective Analysis Of Administrative Law In Our Country

The goal research to the discipline development is the very important question. Specially, its importance obviously is prominent for our country administrative jurisprudence which still in developing. Our country administrative law research "chaotic" aspect can’t but let us carefully examine the administrative law goal question. On one hand, the administrative law goal is the administrative jurisprudence development logical beginning; be as the master line penetrate in the administrative law research area aspects; decides administrative law content, value pursue as well as research category and so on questions; On the other hand, the administrative law goal is the administrative law systematization indispensable constituent, decided the administrative law development direction. But lets us feel what surprise is actually nearly does not find retrieve any related content if we input "the administrative law goal" a word in the domestic each big authority academic database retrieval entrance. This urges the author to ponder:Whether the academic world hasn’t used the administrative law goal concept to indicate the administrative law goal position? Through reads and analysis earnestly, the author discovered that the academic world already started actually about the administrative law goal’s discussion from the late-1970s, but it just put under the concept carries on "the administrative law rationale".The author also discovered that the academic world about the administrative law goal research which carried on for the concept once achieved a high tide stage by "the administrative law rationale" in the1990s, and then it rapidly decreased temperature after the21st century. Although, the academic world had already formed such as "the theory of balances","the government by law theory","the public interest standard theory" and so on mainstream viewpoints about the administrative law goal’s theory. These viewpoints had made greatly "the gap" between the theory and practice of administrative law. We even could not find between them has any connection. Specially, after near30year discussions, the academic world still has not achieved the mutual recognition in the administrative law goal question, and the administrative law systematization looks like never. These situations let the author produce to question about the mainstream viewpoints:Whether it did deviate the track?Having this question, the author analyse it earnestly from the concept to the conclusion, and from the pioneered and mainstream viewpoints, in order to make a more comprehensive combing.Makes the author feel what is joyful, the author truly discovers the question existence varying degree in these administrative law goal theories. Including legal science regulated questions, proof method in question as well as viewpoint question and so on. Through to These theory recollect, the author also try to propose that the administrative law goal’s understanding, and provides the proof support of it.This article except the introduction and the conclusion, divides into four parts:The first part, the author try to proof the substantive of "the administrative law rationale", and promulgates the administrative law goal position which was so-called "the administrative law rationale"; The second part, the author try to criticizes these administrative law goal positions from the viewpoint as well as the proof method two important aspects; The third part, the author try to regard the administrative law goal understanding himself in the absorption academic world senior teaches’ foundation; The fourth part, the author try to clarify "how realizes the administrative law goal"...