Social Sciences in China, 2023

Vol. 44 , No. 2, 2023

 

The Construction of an Academic System for Administrative Law in China

 

Zhou Youyong

 

Abstract：In terms of principle, the intrinsic structural elements of the academic system of Chinese administrative law can be divided into three components: the positive law (de lege lata) system, the theoretical system and the system of methodology. As the foundation of the academic system, positive law mainly consists of the normative and institutional systems of administrative law; as the heart of the academic system, the theoretical system contains the theoretical basis, the system of basic principles and the system of categories of administrative law; and the system of methodology is the link and the conversion mechanism between positive law and the theoretical system, including the three research methods of politicolegal jurisprudence, Rechtsdogmatik (legal dogmatics) and social science jurisprudence. Along with institutional practice and the deepening of doctrine over the past thirty years since the promulgation of the Administrative Procedure Law (1989), the academic system of administrative law in China has been maturing. However, we are conscious that problems still exist. The basic approach to achieving further innovation includes advancing the construction of basic administrative law through codification; enhancing academic quality by jurisprudential thinking; shaping Chinese characteristics by rule of law practice; and carrying forward the whole academic system in a complete form.

 

Keywords: the academic system of Chinese administrative law, the positive law system, the theoretical system, the system of methodology