Reconstruction of Theory:Types of China's Administrative Procedure from Its Aim
Tan Shangwe
Abstract
Tan Shangwe
Abstract
The research on the types of China's administrative procedure is one of hot topics in academic world of administrative law.Now we need to improve it because of some limitation on the types of administrative procedure in the current Administrative Procedure Law.Constructing and dividing the types of administrative procedure is guided by the aims of administrative procedure,centered by administration and man,and anchored by the subject and the object.Firstly,the subjective procedure contains concrete administrative act procedure,abstract administrative act procedure,and special power relationship procedure;secondly,objective procedure contains agency procedure,information disclosure procedure,and preventive procedure;and lastly,the public interest procedure,a supplementary provision,compensates for the blind area of law in reality.This forms the initial types of administrative procedure unified subjective with objective.It is significant for China to improve theory of administrative procedure and to increase construction on legal system.
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The research on the types of China's administrative procedure is one of hot topics in academic world of administrative law.Now we need to improve it because of some limitation on the types of administrative procedure in the current Administrative Procedure Law.Constructing and dividing the types of administrative procedure is guided by the aims of administrative procedure,centered by administration and man,and anchored by the subject and the object.Firstly,the subjective procedure contains concrete administrative act procedure,abstract administrative act procedure,and special power relationship procedure;secondly,objective procedure contains agency procedure,information disclosure procedure,and preventive procedure;and lastly,the public interest procedure,a supplementary provision,compensates for the blind area of law in reality.This forms the initial types of administrative procedure unified subjective with objective.It is significant for China to improve theory of administrative procedure and to increase construction on legal system.
Key concepts: Administrative law, Agency (philosophy), China, Subject (documents), Object (grammar), Power (physics), Computer science, Administration (probate law)