Theory Of Administactive Habit

The tentacles of administration extend to all aspects of social life,the administrative law is also closely related with the life of people, a person’s life from birth to death is effect with the administrative law. Although our country has formed a set of relatively perfect law system, but in the process of administration management often can’t find the law writing on the paper, here, the administrative habit used to play its unique flexibility in the administrative management. Administrative habit is widely used in practice, it needs the corresponding theoretical basis. The administrative habit seats the edge of the administrative law origin, few scholars think deeply about it, relevant theories of administrative habit are also lack of systemic integrated theory.This article analyses the related concepts of administrative habit, to clarify the concept of habits, common law and case law, the origin of the administrative law and administrative habits so as to avoid confusion between the similar concepts. Then I analyze the administrative habit applicable situation from the Angle of theory and practice, analyzes the advantage and disadvantage of administrative habit, the reality in administration management of our country is full of administrative habit. It has proved by abundant examples. Based on the analyze of these examples, summarize the problems of the administrative habit application in our country, and have an eye of obstacles in institutionalized administrative law in our country. Finally, we draw lessons from foreign mature theory, on the basis of the construction of the administrative habit of institutional structure, I put forward some proposals, from administrative habit effect, examination, the applicable scope, applicable standards, supervision mechanism to complete the institutionalized administrative law.