Administrative Law and Administrative Procedure Law

Author: Jiang Ming'an
Publisher:
Publish Date: 2004-02-14
Features: This book is guided by Deng Xiaoping Theory and follows the expert opinions of the former State Education Commission's Teaching Guidance Committee for Law Disciplines in Higher Education. It incorporates the latest achievements in domestic and international legal education, catering to the legal education of the 21st century. The book correctly elaborates on the fundamental theories and basic knowledge of this discipline while adhering to the principle of linking theory with practice, striving for a unified approach that combines scientific rigor, systematicity, and practicality. The book discusses the basic concepts of administrative law, the sources of administrative law, the fundamental principles of administrative law, the historical development of administrative law and administrative jurisprudence, administrative organs, and more, providing a comprehensive and systematic explanation of administrative law and administrative litigation law.
Administrative Law and Administrative Litigation Law is one of the specialized textbooks developed for 14 core courses in law programs at higher education institutions, as required by the Ministry of Education's Teaching Guidance Committee for Law Disciplines in Higher Education. The book comprehensively, systematically, and deeply explains the fundamental theories and basic knowledge of administrative law and administrative litigation law. It primarily includes:
- General principles, rules, and knowledge related to administrative law and the historical development of administrative law and administrative jurisprudence;
- General theories and specific theories and knowledge regarding the roles of administrative law subjects, including the responsibilities, powers, management methods of administrative subjects, and the rights and obligations of administrative counterparts;
- General theories and specific theories and knowledge regarding administrative acts, including the nature, characteristics, constitutive elements, legal requirements, and procedural requirements of various types of administrative acts;
- General theories and specific theories and knowledge regarding administrative litigation, including the nature, functions, scope of cases, jurisdiction, procedures, and standards of judgment in administrative litigation;
- General theories and specific theories and knowledge regarding administrative compensation, including the constitutive elements of administrative compensation liability, principles of attribution, scope, methods, standards, and procedures for compensation.
This book primarily uses China's administrative legal practice and legal doctrines as its basic research material while also incorporating and drawing lessons from a large amount of administrative legal practice and research findings from abroad, particularly from developed Western countries. Building upon the inheritance, critique, and refinement of various academic schools of administrative law from abroad, such as the theory of power control, the theory of management, the theory of administrative power centrality, and the theory of administrative counterpart rights centrality, this book has preliminarily formed and established a theoretical framework for administrative jurisprudence with Chinese characteristics.