Administrative Law (China)
In Chinese law, administrative law is a sub-area of public law.
Legal history
China already had a strict centralized administration in ancient times. In the time of the empire from 221 BC Until 1912 legal protection of the citizen against the administration was unknown. The first codification of administrative law took place during the Republic of China . Since the 1980s, it can be assumed that there has been a Chinese administrative law science that mainly deals with the research and introduction of foreign administrative law.
With the Provisional Civil Procedure Act of 1982, administrative chambers of justice were set up at the courts for the first time. According to Section 3 (2) of this Act, it was to be applied analogously to disputes under administrative law. In 1989, the Administrative Procedure Act (VwPG) (行政 诉讼法) finally passed the National People's Congress and for the first time created comprehensive administrative protection of the citizen against the state, which in Chinese legal history amounted to a revolution:
"The idea that an average person could challenge the decision of government officials represents a radical change in the Chinese worldview."
Nevertheless, there is still no separate administrative jurisdiction in China. Administrative law is of great importance insofar as the state reserves the right to approve numerous areas of economic activity.
Legal sources
- Administrative Procedure Act (VwPG) (行政 诉讼法) of October 1, 1990
- Civil Service Act (公务员 法) of January 1, 2006
- Administrative Criminal Law (VSG) (行政 处罚 法) of October 1, 1996
- Administrative Approval Act (VGG) (行政许可法) of June 1, 2004
literature
- 姜明安 (Ed.): 行政法 与 行政 诉讼法 (Xíng zhèng fǎ yǔ xíng zhèng su sòng fǎ) [Administrative Law and Administrative Litigation Law] . 2nd Edition. Beijing 2006, ISBN 7-301-04344-9 (姜明安 = Mingan Jiang).
Web links
Individual evidence
- ↑ a b c Yuanshi Bu : Introduction to the Law of China . C. H. Beck, Munich 2009, § 7. Administrative Law.