The Probe Of The Administrative Law In Ancient China

There are two different attitudes towards the origin of the administrative law in the law group in our country, which is a disputed topic. The most experts in the administrative law field shows that there was no such administrative law of modern meanings in our ancient time, for they think that the administrative laws in different countries are made by the capitalist class in modern times, after the super administrative law court came into existence, the former state senate,in France. In our country, there was only a system with all kinds of laws together, and there was no space for the administrative laws, for most of the administrative laws and super administrative rights belonged to the emperors. However, those experts in the law history are strongly against the view, on the contrary, they think that there was administrative law existed in the ancient time. In author`s opinion, it is important to study if there were the laws which adjusted the laws relation to decide whether a law existed or not in the ancient time, not only by that of the written laws, but also by those source of unwritten laws, prejudication and edicts. Though there were no administrative laws existed in ancient time, the law items which adjusted the relations of the administrative laws were written in prejudications and other written laws in different periods. Now the main theories in the law group can be divided as following:1. The scholars who hold negativism think, first, there were no administrative laws in ancient time, for the necessary prediction of administrative laws existing are constitution and certain administrative aspects government politics and administrative rights after the 3 powers schism definitely; second, the economic conditions in the pre capitalist society and the political life then restricted by the economic conditions had no such surroundings for the administrative laws.2. The scholars who hold affirmation think there is a country and government,……there are all kinds of managerial rules of laws. Only in different society and different countries there are different administrative laws.3. The scholars who disprove have two opinions: 1. as long as there is administration, there are administrative powers, laws to adjust the different social relations are administrative laws. Bourgeois has the 3 powers schism, not created the powers, so for the administrative laws, which is divided from other laws. 2. Though in socialist countries there has no 3 powers schism, there are also administrative laws to disprove the negativism. However, the disprove has not enough persuasion, for the two different social systems have the basic characteristics, based on the system of democracy, constitution and certain administrative aspects of government politics.4. In the course of the summarization and evaluation of whether there were administrative laws in ancient times, there is another view, value. For example, Mr. Guan Bao-ying said,"The key of the problem lies in the difference to understand the administrative laws. We can`t decide whether there were administrative laws with the standard criterions existed or not in ancient times, for there were also value judgments,……Why the society needs laws, and history can create administrative laws , for they can achieve the social fair. And they can have real legal equality for both citizens and administrative departments."However, In my opinion, any administrative laws in different societies has the different"value judgment". According to the view"any law systems existing provide the society with not only a standard criterion, but a view of value……and the administrative laws are not only kind of legal standards, but certain value judgments", and comparing them with the view of the modern law judgments, there were not administrative laws, and there even were no reasons for criminal laws. So the view doesn`t evaluate objectively the controversy, but lays undue stress on"modern prediction"for the administrative laws existing.To study the origin of the administrative laws, we must understand the definitions of the administrative laws clearly. Now the reason, why there are many different views about administrative laws, is when scholars studying the origin of the administrative laws, they come to different definitions. The narrow scenes of the definition of administrative laws is to connect the administrative laws with demonstration, freedom, equality and controlling power, while the ones in broad scene, the administrative laws are the general title of laws about the relative administrative legal standards. No matter to study its conception or its definition, we must have got a clearly understanding of essence of laws. The explanation to laws of Marx law theory is that laws were decided by the forms of the social material production at different places in different time, represented the ruling classes and were the reflection of the ruling classes` will. And it is the most important tool for the ruling classes to carry their class ruling and social controlling. So the administrative laws, as the important part among the laws and rules, represent the nature of laws, and exist as the class ruling tools and social controlling tools of the ruling classes. Now we come to the conclusion: the administrative laws come into being with the emerging of the state and its administrative powers.The analysis of the source of the administrative laws is based on comparison of administration, administrative powers and the conception of administrative laws, according to Marxism law principles, and from the law history and from the relation between ancient administrative laws and judicatures, I list administrative prejudications in ancient times and give the analysis and demonstration of the administrative laws in our ancient times, and come to the conclusion: there were the administrative laws existed in our country in ancient times.