Challenges and Countermeasures of Theoretical Research on Administrative Behavior in China under the Background of Codification of Administrative Law
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No matter whether substantive law or procedural law is used as the approach to compile administrative law code, it is inseparable from the standardization of administrative behavior. Due to the imperfection of China's administrative procedure law, the orderly operation of administrative acts is affected, and the degree of administrative justice is also reduced, which fundamentally hinders the realization of administrative rule of law. The author believes that it may be an ideal choice to discuss the meaning of administrative behavior under the background of codification of administrative law, to understand administrative behavior as all behaviors made by administrative subjects in exercising administrative power, and to use the concept of “administrative handling” as the most basic unit of administrative behavior. In the future administrative procedure law, we should consider our legal tradition, present situation and realistic requirements in the target mode, content selection and style arrangement, so as to achieve the unity of logic and pragmatism. Starting from the codification of administrative law, this paper gradually analyzes the reasons for the codification of administrative law, the challenges of theoretical research on administrative behavior in China under the background of codification of administrative law and the coping strategies of administrative behavior research under the background of codification, hoping that this paper can contribute to the process of codification of administrative law.
Administrative law, Administrative behavior, Codification of administrative law