Legislative Structure of Administrative Procedure Law and the Choice of China
Wanhua Wang
Abstract
Wanhua Wang
Abstract
Having chosen to prescribe substantive contents in the administrative procedure law, we should solve two questions. The first is the structure of substantive prescription and procedural prescription which can be built on the basis of the operation of administrative power. The second is the structure of the procedural prescription in which the idea of administrative procedure and the system of due process should be put in the first place and the legislative rule of generality being prior to specialty should be followed. The interior administrative procedure should be prescribed in the part of administrative agency.
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Having chosen to prescribe substantive contents in the administrative procedure law, we should solve two questions. The first is the structure of substantive prescription and procedural prescription which can be built on the basis of the operation of administrative power. The second is the structure of the procedural prescription in which the idea of administrative procedure and the system of due process should be put in the first place and the legislative rule of generality being prior to specialty should be followed. The interior administrative procedure should be prescribed in the part of administrative agency.
Key concepts: Administrative law, Legislature, Generality, Agency (philosophy), Medical prescription, Procedural law, Administration (probate law), Political science