The Analysis and Reconstruction of the Concept of Administrative Behavior

Administrative behavior theory is one of the core theories in administrative jurisprudence in China,representing the most meaningful and difficult research topic in administrative jurisprudence.To construct the pivot of the disciplinary system for administrative jurisprudence and to respond to the urgent demand of public administration and judicial review makes it necessary to clearly define the concept of administrative behavior.At present,the concept has become a highly controversial dynamic one.There are two opposite views.One view follows a strict attitude of the mainstream of continental law system and adopts a narrow denotation for the concept.The other favors a wider denotation for administrative behavior and incorporates all kinds of administrative behavior into the administrative behavior system.The paper introduces and reviews the top ten views and combs their connections.We come to the conclusion that the denotation of administrative behavior concept has become narrower and narrower in academic research while practice requires the expansion of the concept.In light of such findings,the paper argues that a broader concept of administrative behavior should be adopted without abandoning the traditional concept and theories of administrative action in order to make it more inclusive,proactive and adaptable to satisfy the requirements of administration by law.