2007Journal of Shanghai Normal UniversityRequires access

Core Questions of Administrative Law Philosophy:Rationality and legitimacy of the Existence and Operation of the Government,With a Discussion of the Quintessence and Advantages of "the Theory of the Government's Rule by Law"

Yang Hai-kun

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Abstract

Research into divisional or departmental law philosophy is of far-reaching significance.Exploring administrative law philosophy actually means exploring the theoretical basis of administrative law and primary thread of thought of its development.The Theory of the Government's Rule by Law is a kind of comprehensive,open,systematic,and dynamic philosophical thought of administrative law.Possessing its own superior qualities if compared with other schools of administrative law philosophy,this theory is likely to become the feasible thought guiding the building up of a government ruled by law in China.The core thought of Theory of the Government's Rule by Law consists in five sentences: The Government is made to come into being in accordance with law;it is controlled by law;it rules by law and serves the people;it is responsible for law;it is on an equal legal footing with the citizens.

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Research into divisional or departmental law philosophy is of far-reaching significance.Exploring administrative law philosophy actually means exploring the theoretical basis of administrative law and primary thread of thought of its development.The Theory of the Government's Rule by Law is a kind of comprehensive,open,systematic,and dynamic philosophical thought of administrative law.Possessing its own superior qualities if compared with other schools of administrative law philosophy,this theory is likely to become the feasible thought guiding the building up of a government ruled by law in China.The core thought of Theory of the Government's Rule by Law consists in five sentences: The Government is made to come into being in accordance with law;it is controlled by law;it rules by law and serves the people;it is responsible for law;it is on an equal legal footing with the citizens.

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Available abstract

Research into divisional or departmental law philosophy is of far-reaching significance.Exploring administrative law philosophy actually means exploring the theoretical basis of administrative law and primary thread of thought of its development.The Theory of the Government's Rule by Law is a kind of comprehensive,open,systematic,and dynamic philosophical thought of administrative law.Possessing its own superior qualities if compared with other schools of administrative law philosophy,this theory is likely to become the feasible thought guiding the building up of a government ruled by law in China.The core thought of Theory of the Government's Rule by Law consists in five sentences: The Government is made to come into being in accordance with law;it is controlled by law;it rules by law and serves the people;it is responsible for law;it is on an equal legal footing with the citizens.

Key concepts: Philosophy of law, Administrative law, Public law, Law, Comparative law, Private law, Legitimacy, Municipal law

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Core Questions of Administrative Law Philosophy:Rationality and legitimacy of the Existence and Operation of the Government,With a Discussion of the Quintessence and Advantages of "the Theory of the Government's Rule by Law" — Research Paper | ScholarLens