Administrative Law Forum (Volume 6)

Author: Luo Haocai
Publisher:
Publish Date: 2003-04-01
Features: The 6th volume of Administrative Law Forum inherits the established style of the series, with the included papers reflecting, to some extent, the theoretical research achievements of China's administrative law scholars, especially young scholars, over the past year. Among them: He Haibo's Critique of Formal Rule of Law categorizes the rule of law into two ideal types: "formal rule of law" and "substantive rule of law," analyzes and critiques the limitations of formal rule of law, and proposes and elaborates on the of substantive rule of law. Jin Zining's Confronting the "Value" Problem in Administrative Law Research—Reflecting on Chinese Administrative Law Centered on Normative Research argues that empirical research and normative research should not be absolutized as distinct categories, and believes that "empirical research," by focusing on "factual issues," is inherently closer to "science," more "objective," and superior to "normative research," which concerns ought-to-be and value issues. Li Xin's Theoretical Analysis of the Diversification of Modern Administrative Subjects points out that administrative decentralization and the resulting administrative decentralization system are the fundamental reasons for the diversification of modern administrative subjects. This diversification embodies the complexity and flexibility of modern administration and promotes the gradual deepening of administrative law research. Liang Fengyun's Introduction to the Study of Administrative Public Property primarily elaborates on the theoretical foundations and historical context of administrative public property, the significance of studying it, its concept, legal characteristics, and forms of expression. It includes systematic comparative law research while also addressing issues in Chinese practice, laying a preliminary foundation for the theory of administrative public property. Gao Jiahui's Research on German Autonomous Administration outlines the concept and overall structure of German autonomous administration and introduces various forms of German autonomy. It also explores the potential value of Germany's autonomous administration system for China. Yu Fang's Study on U.S. Environmental Citizen Suits provides an in-depth examination of the U.S. environmental citizen suit system and discusses the necessity and feasibility of China adopting this system. China's legislative body is currently drafting the Administrative Procedure Law of the People's Republic of China. The draft Administrative Procedure Law (Trial Draft) by Professor Jiang Ming'an, published in this volume, is a complete trial draft of an administrative procedure law proposed by China's legal academia. Contents of the Volume Foreword [Luo Haocai] Persisting in Keeping Pace with the Times and Promoting Theoretical Innovation Basic Theoretical Research [He Haibo] Critique of Formal Rule of Law [Jin Zining] Confronting the "Value" Problem in Administrative Law Research—Reflecting on Chinese Administrative Law Centered on Normative Research [Wang Chengdong Liu Xuemei] Special Power Relations Theory and Chinese Administrative Law Special Research [Cheng Hu] WTO and the Transformation of Government Functions in China Foreign Administrative Law [Gao Jiahui] Germany's Autonomous Administration System [Li Honglei] Judicial Review of Administrative Discretion in English Law—With a Comparison to German Law [Yu Fang] Study on Citizen Suits in U.S. Environmental Law Case Study Research [Liu Shuren] Citizens, Government, and Institutional Change—An Institutional Analysis Inspired by the Case of Qiao Zhanshang v. Ministry of Railways Academic Developments Review of the Theoretical Symposium on the Trial Draft of Administrative Procedure Law by the Peking University Center for Administrative Law Research