试论行政法体系的整合与分化

On the Integration and Differentiation of the Admin-istrative Law System

行政法学一直以内容繁杂著称,这也是其体系化构建面临的最大困难,然而,虽然行政法学内容众多,包罗万象,但是对于行政法体系化的构建一直以来都是行政法学界努力的方向。当前主流对于行政法体系的发展不外乎两种方向,一是整合,整合的最终目标即像《中华人民共和国民法典》的制定与出台一样,制定一部行政法典;二是分化,分化是目前我国行政法体系的一大特点,那么我们是否要在原有基础上继续分化,发挥各个领域的极致。本文将基于我国行政法的特点,结合国情,探讨行政法体系的整合与分化。

Administrative law has always been known for its complex content, which is also the biggest difficulty in its systematic construction. However, the content of administrative law is numerous and all-encompassing, the systematic construction of administra-tive law has always been the direction of efforts of the administrative law circle. The current main-stream has two directions for the development of the administrative law system. One is integration. The final goal of integration is to formulate an administrative code like the formulation and prom-ulgation of the Civil Code of the People’s Republic of China;the second is differentiation, which is a major feature of China’s administrative law system at present. So whether we should continue to differentiate on the original basis and give full play to the best in various fields, this article will dis-cuss the integration and differentiation of the administrative law system based on the characteris-tics of China’s administrative law and the national conditions.