On the Procedure in Modern Public Law
Huang Xue-xian
Abstract
Huang Xue-xian
Abstract
In a broad sense,public law includes Constitution,Administrative Law,Litigation Law,International Public Law and Social Security Law,and so on;while in a narrow sense,public law usually only includes Constitution and Administrative Law.People usually memtion public law in a narrow sense,that is,Constitution and Administrative Law.In a public law system in which procedure is not provided,all other systems will become the tool of politics ultimately.Because of such public law system without procedural rules,the relationship between the state and the citizens and the relationship between the respective state powers can only construct on the irrational base.Therefore,neither the use of public powers nor the enjoyment of citizens' basic rights has a strict procedure to follow.Compared with private law,the procedure of public law is more important,which is decided by the ultimate aim and the realizing way of public law.The systematization of the idea and procedural rules of public law will help the complete and effective realization of the autonomy of private law.The procedure in modern public law has big difference with the traditional procedure.And the modern public law procedure has functions in many aspects.
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In a broad sense,public law includes Constitution,Administrative Law,Litigation Law,International Public Law and Social Security Law,and so on;while in a narrow sense,public law usually only includes Constitution and Administrative Law.People usually memtion public law in a narrow sense,that is,Constitution and Administrative Law.In a public law system in which procedure is not provided,all other systems will become the tool of politics ultimately.Because of such public law system without procedural rules,the relationship between the state and the citizens and the relationship between the respective state powers can only construct on the irrational base.Therefore,neither the use of public powers nor the enjoyment of citizens' basic rights has a strict procedure to follow.Compared with private law,the procedure of public law is more important,which is decided by the ultimate aim and the realizing way of public law.The systematization of the idea and procedural rules of public law will help the complete and effective realization of the autonomy of private law.The procedure in modern public law has big difference with the traditional procedure.And the modern public law procedure has functions in many aspects.
Key concepts: Public law, Private law, Law, Municipal law, Commercial law, Civil law (Civil law), Comparative law, Philosophy of law