Administrative law

Author: Jiang Ming'an
Publisher:
Publish Date: 2003-06-01
Features: Administrative Law is a mandatory core course for the Master of Public Administration (MPA) program. This course primarily studies the legal norms, principles, systems, and operational rules governing public administration, as well as the legal principles and mechanisms that regulate public administrative relationships. As a core course for the MPA program, Administrative Law is not entirely equivalent to the Administrative Law studied by law students, as the two have slightly different research focuses. The former places more emphasis on internal administration and the legal supervision of the behavior of administrative organs and civil servants, while the latter focuses more on external administration and legal remedies for external administrative counterparts. Of course, both internal and external administration are common research subjects for the two. In terms of overall research scope and methodology, they are largely the same, though there are minor differences in research emphasis. The teaching syllabus for Administrative Law as a core course for the Master of Public Administration (MPA) program (hereinafter referred to as the "Syllabus") consists of four parts:
Part 1 (Chapters 1-2 of the "Syllabus") studies the general principles and principles of Administrative Law, including the relationship between law and public administration, the relationship between administrative power and citizens' rights, the relationship between administrative power and other state powers, as well as the basic principles of Administrative Law.
Part 2 (Chapters 3-5 of the "Syllabus") studies the subjects of Administrative Law, including administrative organs and organizations authorized by laws and regulations as administrative subjects, civil servants and organizations entrusted by administrative organs to exercise administrative powers, as well as individuals, legal persons, and other organizations as administrative counterparts.
Part 3 (Chapters 6-10 of the "Syllabus") studies administrative acts and other acts implemented by administrative subjects, including administrative legislation, administrative orders, administrative permits, administrative levies, administrative grants, administrative penalties, administrative coercion, as well as administrative contracts and administrative guidance.
Part 4 (Chapters 11-15 of the "Syllabus") studies administrative legal supervision and administrative relief, including administrative supervision, administrative reconsideration, administrative litigation, administrative compensation, and administrative restitution.
The purpose of this course is to enable MPA students to master the basic theories, knowledge, and skills of Administrative Law while studying other public management courses, thereby enhancing their ability to understand, apply, and utilize Administrative Law in public management to solve practical legal issues. The objectives and requirements of the course are as follows:
1. To understand the basic concepts, nature, role, and functions of Administrative Law, master its basic principles and primary sources of law, and improve the understanding of the status and role of Administrative Law in governing the country according to law and building a rule-of-law state.
2. To understand the various main administrative legal systems, legal norms, and operational procedures in the field of public management, master the general methods of legal interpretation and application of Administrative Law, and improve the skills of managing and administering according to law.
3. To understand the basic theories, doctrines, and viewpoints of Administrative Law, master the fundamental relationship between law and public policy, and improve the policy level of administrative enforcement.
4. To understand the basic rules and relevant techniques of administrative legislation, administrative enforcement, and administrative adjudication, master the general requirements of law for various administrative acts, and improve the legal quality and specialized skills for engaging in practical public management work.
5. To understand the current administrative management system and civil servant management system in China, master the legal norms governing the internal operations of administrative subjects, and improve organizational and coordination capabilities for public management.
6. To understand the source of administrative power and the value of Administrative Law, grasp the relationship between Administrative Law and democracy, the rule of law, and the market economy, and improve the legal awareness of democracy, the rule of law, and human rights, as well as the conscious use of Administrative Law to protect the legitimate rights and interests of citizens and maintain the order of the socialist market economy.