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On The Citation Of Administrative Law

Posted on:2007-08-02Degree:DoctorType:Dissertation
Country:ChinaCandidate:S F ZhangFull Text:PDF
GTID:1116360185978731Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The citation of administrative law is technologic matter of law production and application of administrative law. It should have played a very important role in system of rule and science of administrative law. However, the matter is still a theoretical gap in science of administrative law. Immaturity in theory seriously restricts its good pattern in practice of rule of administrative law. In order to have the academic circle pay attention to it and be beneficial to progress of rule of administrative law, this dissertation makes an initial analysis on several important theories and practice puzzlements, and mentions several methods of standardization of citation of administrative law.The dissertation clarifies the system ascription of the citation of administrative law. From the aspect of the present system of administrative law in China, the citation of administrative law not only has been a general phenomenon but also has been a systematic thing, which possesses elements for constituting system. Therefore, the citation of administrative law must be regarded as a system of administrative law. As to the matter of what kind of system category citation of administrative law shall be ascribed to, we consider its attributes as follows. First, the citation of administrative law has the attribute of legislative system because it is initially reflected in administrative legislation documents. Second, the citation of administrative law has the attribute of the system of untangling conflicts. It can untangle conflicts between administrative system and legislative system, conflicts between administrative agencies of different levels, and conflicts of administrative agencies of different sections. Third, the citation of administrative law has the attribute of the system of application of administrative law. The citation of administrative law is not the same matter as the application of administrative law, but they have close relation. The citation of administrative law is logical premise of the application of administrative law, while the latter can embody the spirit of the former. In this sense the citation of administrative law has been e attributed...
Keywords/Search Tags:administrative laws, jurisprudential foundation, due citation, standardization
PDF Full Text Request
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