On the Concept of Administrative Legislation and Its Characters
Zeng Xiang-hua
Abstract
Zeng Xiang-hua
Abstract
Diverse names and concepts of have led to many disputes and the author holds that the term of administrative legislation should be affirmed. The concept of in the narrowest sense should be adopted in the study of science of law. The extension of this concept excludes laws made by organs of state power, decisions, orders or other normative legal documents made by organs, interpretation and legal files of organs. Administrative has dual characters of administration and legislation, so we should distinguish them, and then combine them together in our study. Furthermore, we should not merely lay emphasis on our opinions, while ignore facts and take one-sided view of the problem; we should not only have an overall understanding of this problem but concretely analyze it; In a word, our purpose of the study is to perfect, standardize and control the legislation.
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Diverse names and concepts of have led to many disputes and the author holds that the term of administrative legislation should be affirmed. The concept of in the narrowest sense should be adopted in the study of science of law. The extension of this concept excludes laws made by organs of state power, decisions, orders or other normative legal documents made by organs, interpretation and legal files of organs. Administrative has dual characters of administration and legislation, so we should distinguish them, and then combine them together in our study. Furthermore, we should not merely lay emphasis on our opinions, while ignore facts and take one-sided view of the problem; we should not only have an overall understanding of this problem but concretely analyze it; In a word, our purpose of the study is to perfect, standardize and control the legislation.
Key concepts: Legislation, Normative, Interpretation (philosophy), Administration (probate law), State (computer science), Law, Extension (predicate logic), Dual (grammatical number)