An Introduction To Fundamental Principles Of Administrative Law

The overall objective of this scientific dissertation is to reveal the specific orientation of the fundamental principles of administrative law in Chinese rule of administrative law in 21^st century, so as to promote the rule by law and rule by good law in the realm of Chinese administration. The foundation, formation, form, orientation of function and operational mechanism of the fundamental principles of administrative law are fairly important issues in theory and practice. The concrete objective is to reveal and solve these issues in axiology, ontology, theory of function and practice terms.In view of the complicacy of the subjects investigated, this dissertation uses several kinds of research methods, such as ethical argumentation, comparative study between China and foreign countries, historical review, functional analysis, philosophical hermeneutics, and so forth.This dissertation has achieved success in the fundamental problems of legal principle and the fields of axiology, ontology, function theory and practice theory of fundamental principles of administrative law.In Chapter one, the main conclusions are as follows: Moral value is the essential attribute or substantial characteristic of legal principle, which has three formal characteristics of universality, value guidance and justification. Legal principle has two patterns of expression, which are in essence value judgment or evaluation, and then claims value requirements from the people. Whether legal principle is identical with law depends on the acknowledgement rule of a particular country or scope of law. It is unsuitable to put forward generally such a question. The value of legal principle stems from interaction of...