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行政惯例对于我国现实行政管理和司法实践之作用不可或缺,近年来其作为行政法不成文法源的地位已无甚争议,但对行政惯例的类型化研究尚不多见。国内现有的分类标准尚存缺陷,有必要提出更加合理的分类标准与依据。对行政惯例进行类型化研究不仅有利于完善其基本理论建构,便于未来对其进行细致化研究,同时也有助于我们于司法实践当中更恰当的对其进行甄别与审查,从而在便利法官办案同时,使其能够更好的服务于我国现实法治实践。
Administrative routines are indispensable to the realistic administration and judicial practice in our country. In recent years, their status as an unwritten source of administrative law has not been disputed. However, the study on the typology of administrative practice is still rare. There are still some deficiencies in the existing classification standards in China, so it is necessary to put forward more reasonable classification criteria and basis. Typing the administrative routines not only helps to perfect the basic theory construction and facilitate the careful study of them in the future, but also helps us to identify and examine them more appropriately in the judicial practice. , So that it can better serve the reality of the rule of law in our country.