Administrative law

Author: Sun Ninghua
Publisher:
Publish Date: 2005-12-09
Features: Through this chapter's teaching, students should understand the basic concepts of administrative law, including administration, administrative law, administrative legal relationships, and the sources of administrative law. Among these, the concept and classification of administration, the concept and characteristics of administrative law, etc., should be understood; focus on mastering the characteristics of administrative legal relationships and the sources of administrative law.
Section 1: Administration and Administrative Law
1. The Concept of Administration
China is an ancient civilization renowned for its legal traditions, with its legal history dating back to around 3000 BCE, forming a long and distinctive legal cultural tradition. The legal norms concerning administration in Chinese legal culture are quite developed, with legal norms related to official management being an important part of ancient Chinese laws and the core content of ancient administrative legal norms. However, ancient laws could not truly constrain the monarchy; instead, they were laws used by kings and emperors to "govern officials" and thereby "govern the people." This fact is the historical root that determined why administrative law could not become an independent legal department. Therefore, although ancient Chinese administrative legal norms were systematic and well-developed, their historical contribution to modern administrative law is very limited. Academia believes that modern Chinese administrative law began after the 1911 Xinhai Revolution, marked by the Provisional Constitution of the Republic of China. After the founding of the People's Republic of China, socialist administrative law emerged, and administrative jurisprudence entered a new period. Since the promulgation of the 1982 Constitution, administrative jurisprudence has developed very rapidly. The background of the transition from a planned economy to a market economy, as well as the goal of governing the country according to the law and building a socialist rule-of-law state, have provided impetus for the development of administrative jurisprudence.