Public Law Research (Volume II)

Author: Hu Jianmiao
Publisher:
Publish Date: 2004-01-01
Features: This article reflects on the nature of the sources of administrative law in our country and understands the sources of law as a form of legal argumentation, i.e., diverse and persuasive arguments that can be used when elaborating on a legal system or debating a legal norm. On this basis, the article proposes and elaborates that the sources of law should include non-statutory factors such as general legal principles, folk customs, administrative practices, judicial decisions, legal doctrines, and comparative law. In the sources formulated and recognized by authoritative bodies, the article also discusses the judicial applicability of the constitution and international treaties, as well as other regulatory documents. Finally, the article explores how to integrate various sources of law and whether there are, and in what sense there are, priority relationships among different sources of law.