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行政法律体系有完全不同于民事法律体系、刑事法律体系的特殊面相。行政法渊源的复杂性决定了我国行政法律体系构成要素的独特性。应该以《立法法》第8、9条为标准,区分绝对法律保留、相对法律保留和不属法律保留的事项,并以此为标准构建和判断我国行政法律体系的建设情况。在此标准下,我国行政法律体系已经初步形成,属于法律保留的行政事务基本上有法律予以规范,其他事项也大都已经制定了一些法律、法规和规章。但我国的行政法律体系还有很大的发展空间,一些新的法律需要制定,一些现有的制度需要进一步完善。
The administrative legal system is completely different from the civil legal system and the special aspect of the criminal legal system. The complexity of the source of administrative law determines the uniqueness of the components of administrative law system in our country. Article 8 and 9 of the Legislation Law should be used as a criterion to distinguish between absolute legal reservation, relative legal reservation and matters not retained by law. Based on this, we should construct and judge the construction of China’s administrative legal system. Under this standard, the administrative law system in our country has been initially formed. The administrative affairs that belong to the legal reservation basically have laws to regulate them. Most other matters have also formulated some laws, regulations and rules. However, there is still much room for the development of administrative law system in our country. Some new laws need to be formulated and some existing systems need to be further improved.