Administrative Law and Administrative Procedure Law

Author: Hu Jingguang
Publisher:
Publish Date: 2003-09-01
Features: Preface Administrative law and administrative litigation law are core foundational courses for law majors. Studying this course thoroughly is of great significance for understanding the basic principles of China's administrative law and administrative litigation law, enhancing students' legal literacy, and cultivating the concept of administering according to law. The expansion of administrative power is a key feature of modern state power development. The exercise of administrative power concerns social public interests and citizens' personal interests, directly impacting people's lives. In China, administrative organs, as the executive agencies of state power organs, bear the heavy responsibility of managing state affairs, economic and cultural undertakings, and social affairs. They are the most active and widespread form of state power and possess significant discretionary authority. Therefore, while granting more powers and responsibilities to administrative organs in accordance with law, it is essential to adopt scientific and reasonable methods to strengthen supervision and accountability over administration, as well as provide relief to administrative counterparts. Gradually establishing a modern administrative legal system that reflects democratic, scientific, and rule-of-law principles, and achieving the administration according to law, has become the fundamental criterion universally followed in exercising administrative power in today's society. Since the reform and opening-up, legislation related to administration in China has developed rapidly. Laws such as the Administrative Litigation Law (1989), the State Compensation Law (1994), the Administrative Penalties Law (1996), the Administrative Supervision Law (1997), and the Administrative Reconsideration Law (1999) have been successively promulgated and implemented. The 15th National Congress proposed the basic strategy of "governing the country according to law and building a socialist rule-of-law state," as well as the rule-of-law principle that "all government agencies must administer according to law and." With China's entry into the WTO, higher requirements have been placed on the level of administration according to law. A standardized, democratic, and scientific administration is gradually taking shape. However, due to the influence of traditional legal and administrative concepts, China still faces reforms and improvements in many aspects as it moves toward administration according to law. The process of administrative legalization remains a long and arduous journey. This textbook was compiled and published under such a background, and thus, both its structure and content strive to reflect the new characteristics of administrative legalization during this period. The textbook adopts a writing style that combines administrative law and administrative litigation law, with administrative law as the focus, and is compiled in line with the characteristics of online education. The entire book is divided into 22 chapters. Chapters 1 and 2 are Part I, introducing the basic concepts and principles of administrative law. Chapters 3 to 14 are Part II, providing a comprehensive introduction to the general theory of administrative acts, as well as administrative legislation, administrative permits, administrative coercion, administrative collection, administrative provision, administrative adjudication, administrative contracts, administrative guidance, administrative penalties, and administrative procedures. Chapters 15 to 22 are Part III, primarily introducing the principles and specific systems of administrative relief. Among them, Chapters 15 and 16 elaborate on the administrative reconsideration and state compensation systems, while Chapters 17 to 22 systematically expound the administrative litigation system. During the compilation process, references were made to relevant works on administrative law and administrative litigation law. Here, the authors of these works are gratefully acknowledged. Editors