Study On Administrative Practices Of Unwritten Legal Origin

Administrative organs gradually formed administrative practices in administrative activities through repeated approaches, methods and steps of selection and finalize the design. In administrative and judicial practice, administrative practices plays an important role. It is unfortunate that the status of administrative practices is not explicit and many scholars even avoid talking the theme. It is important to clear administrative practice status. At the same time, we should solve issues of administrative practices as unwritten source.The first part of this paper reviews the domestic and international research on administrative practices.The second part introduces the meaning, characteristic and constituents of the administrative practices. Then this part introduces the differentiation between administrative practices and others close to facilitate in order to introduce clearly what is included in the scope of administrative practices. At last, this part analyzes roles of the confirmation of administrative practices that the introduction of the third chapter lay the basis on.The third part, as the meaning of the source starting point, specifically analyzes the necessity and foundation of administrative practices as unwritten law source in China. The former introduces the necessity from the spirit of the laws, the function of administrative practices and current incomplete statute of written law. The latter analyzes the basis of administrative practices as unwritten source, from the role and validity.In the fourth part, we analyzed the issues of the administrative practice as a unwritten source, including controversiality, arbitrary, unlawful and undemocratic nature. Then the paper dissects the reason of the prolems.In the fifth part, the paper has put forward into three aspects of strategies and inclucds determining administrative practices, improving the legal review and constrainting public power.