Using the "policy-oriented jurisprudence", this dissertation aims to integrate both researches on public administration and administrative law for administrative activities or administrative phenomena. It combines political, legal and sociological studies with an emphasis on administrative law. It examines the relationship between policy and law, as well as the interaction between law and social change from the perspectives of policy implementation and legal regulation consequences. The study also attempts to construct a new theoretical model to serve as a reference for practical application. This dissertation comprises six chapters and the main points in each chapter are as follows:
Chapter One sets forth as an introduction. It explains the motivation and purposes of the paper, the concepts definition and literature study, the theoretical framework as well as research methodology, and its scope and limitations.
Chapter Two describes the development, function and restrictions of legal dogmatics. In this chapter, the formation and development, the function and restrictions of legal dogmatics, as well as the developments and trends of administrative law studies are addressed.
Chapter Three expounds the legislative studies, legal policy studies and policy-oriented jurisprudence. In addition to describing the connotation differences among the legislative studies, legal policy studies and policy-oriented jurisprudence, the paragraphs also go through discussions about the content of in-depth interviews with scholars on those connotation.
Chapter Four constructs a kind of policy-oriented jurisprudence. This chapter describes the developments and trends of public administration and policy, the general framework and environmental context of the public administration, the publicness and good governance of modern administration, the prerequisites of public policy analysis and thus forming the basis of this paper, the relationship between policy and law, as well as the theoretical construction of policy-oriented jurisprudence.
Chapter Five gives a case and application of policy-oriented jurisprudence, which focuses on the Social Order Maintenance Act. It respectively analyses legislative model, legal policy and relevant issues between Police Fined Law and Social Order Maintenance Act on the basis of policy-oriented jurisprudence framework.
Chapter Six draws conclusion to synthesize each chapter’s discussion and gives theoretical, practical and ideal suggestions of the paper’s arguments.
In summary, we should firmly recognize that this dissertation’s topics not only theoretically construct a comprehensive framework for forming policies or for drafting law, its enforcement, and evaluation and feedback, but also methodologically provide integrated research approaches of policy(politics), management and law. In terms of its application, this paper also resolves fragmented problems of legislation, law enforcement and judicial operation. As a result, this study opens up a huge space for future development both in theoretical and practical aspects and thus at the same time complements the inadequacy of mainstream dogmatics for domestic administrative law studies.