Social Sciences in China (Chinese Edition)

No. 5, 2022

 

The Construction of an Academic System for Administrative Law in China

(Abstract)

 

Zhou Youyong

 

Accelerating the construction of administrative law with Chinese characteristics is a fundamental task, to be undertaken through an in-depth study of the basic structure of China’s academic system of administrative law and clarification of its developmental direction. In terms of principle, the inherent structural elements of the academic system of Chinese administrative law can be divided into three parts: the positive law system, the theoretical system and the system of methodology. Positive law, which is the basis of the academic system, mainly consists of the normative and the institutional systems of administrative law. The theoretical system is the heart of the academic system and it contains the theoretical foundations, the system of basic principles and the system of categories of administrative law. The system of methodology is the link and conversion mechanism between the system of positive law and the theoretical system, covering the three research methods of political and legal jurisprudence, legal doctrine and social science jurisprudence. Along with the practice of these systems and the deepening of doctrine over the past thirty years since the promulgation of the Administrative Procedure Law, the academic system of Chinese administrative law has become increasingly mature, but there are still many problems. The basic path to further innovation is to promote the construction of basic administrative law through codification; to enhance academic quality by jurisprudential thinking; to shape Chinese characteristics by rule of law practice; and to shoulder the entire academic system in a complete form.