AdministrativeLawbilingualDrHeChenchsinacom.pptVIP

Administrative Law(bilingual )Dr. He Chench1797@ Chapter 1: Introduction Basic Terms Basic Principles of Administrative Law Sources of Administrative Law Development of Administrative Law 1.1 Basic Terms 1.1.1 Administration Instead of general administration, the administration in administrative law refers to public administration, that is, the organizing and management of public affairs by state organ. Administration is the organizing agency of the state. The goal of public administration is to realize public interests, to maintain public order and to enhance public welfare. Therefore, the state administrative organization enjoys certain privileges and can adopt the measures that are exclusive to common organizing and managing practice. For example: Order an enterprise to perform certain duty Give punishment to those who violates the order Administration Constitutionalism Constitutionalism has 3 main points: The division of functions in state organs (checks balances) Protection of civil rights Limitation of government’s power The state organs which is organized by popularly elected representatives is the supreme organ of state power (legislation organ). The will of the public is embodied through the laying down of the law and the government is under the law. (rule of law) The public administration after the division of function has the feature of subordination (all administrative practice is subject to the law). “That we here highly resolve that these dead shall not have died in vain; that this nation shall have a new birth of freedom; and that this government of the people, by the people, for the people, shall not perish from the earth.” ——Gettysburg　Address, Abraham Lincoln, 1863 奥巴马获胜演讲 /b1343881957.html 1.1.2 Executive Power The rights possessed by state administrative organs to execute legal norm and administrative practice. In modern society, executive power has quite broad content, including administrative legislation, administrat