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部门行政法学是随着行政法学总论的发展而发展的,目前理论界通说认为部门行政法等同于行政法分论(各论),造成该现状的原因是后发学科受成熟学科的影响、外国学说的潜移默化以及认识论二分法。按照逻辑的严密性来看,部门行政法应当与行政法分论相分离,即行政法学体系可以分为总论、分论与部门行政法。部门行政法的研究可以有效地弥补行政法总论研究的不足,为总论提供广泛的素材。同时,部门行政法应当以实践为导向,注重行政领域中的特殊性。
The administrative law of department is developed with the development of the General Law of Administrative Law. At present, the theoretic community says that the administrative law of the department is equal to the theory of administrative law (theses), and the reason for this status quo is that the later disciplines are influenced by mature disciplines The subtle influence of foreign theory and the epistemological dichotomy. According to the strictness of logic, departmental administrative law should be separated from administrative law, that is, the administrative legal system can be divided into general theory, sub-theory and departmental administrative law. The study of departmental administrative law can effectively make up for the deficiencies of the general study of administrative law and provide a wide range of material for the general theory. At the same time, departmental administrative law should be practice-oriented and pay attention to the particularities in the field of administration.