中国行政基本法典编纂的理论共识

章志远

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December 2023

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Citation: ZHANG Zhiyuan. Theoretical Consensus on the Compilation of the Administrative Basic Code in China[J]. Academic Monthly, 2023, 55(12): 86-98. shu

Theoretical Consensus on the Compilation of the Administrative Basic Code in China

ZHANG Zhiyuan

Abstract

The codification of administrative law with Chinese characteristics is a pioneering undertaking,which needs to form a solid research foundation and sufficient theoretical consensus.As far as the name is consistent with the reality,the expression of the administrative basic code shows its role in the fundamental and universal norms in the systematization of administrative law,and should become the unified language of the codification of administrative law.In the changing times of the relationship between the party and the government,the relationship between the government and the government,and the relationship between the government and the society,the administrative form of our country has appeared triple renewal.The compilation of the administrative basic code should make a systematic and normative response to this from the level of principles and rules.The administrative basic code adopts the dual-driven model of administrative power-rights,which is the objective requirement of implementing the people-centered development idea,specifying the basic rights provisions of the Constitution and responding to the strategic arrangement of the integrated construction of the rule of law.It should reflect the practical respect for administrative rights from the level of systematic recognition and effective protection.The development of the administrative rule of law in China has gone through the period of external force driven by the judiciary,the period of administrative self-control oriented by the administration,and the period of high-level promotion oriented by the Party and the government.On the basis of following the principles of the stability of legal norms,the review of administrative legitimacy,and the cohesion and coordination of the laws and regulations within the Party and the state,the system integration of the judicial resources of the Party and the government should be realized by using the technology of clause expansion,extraction of public factors and induced clauses.The formation of the four-fold consensus on name expression,scope of adjustment,logic main line and resource supply can help the compilation of the administrative basic code to achieve stability and further development.
- administrative basic code,administrative forms,administrative rights,local resource,codification
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Theoretical Consensus on the Compilation of the Administrative Basic Code in China

ZHANG Zhiyuan

Abstract: The codification of administrative law with Chinese characteristics is a pioneering undertaking,which needs to form a solid research foundation and sufficient theoretical consensus.As far as the name is consistent with the reality,the expression of the administrative basic code shows its role in the fundamental and universal norms in the systematization of administrative law,and should become the unified language of the codification of administrative law.In the changing times of the relationship between the party and the government,the relationship between the government and the government,and the relationship between the government and the society,the administrative form of our country has appeared triple renewal.The compilation of the administrative basic code should make a systematic and normative response to this from the level of principles and rules.The administrative basic code adopts the dual-driven model of administrative power-rights,which is the objective requirement of implementing the people-centered development idea,specifying the basic rights provisions of the Constitution and responding to the strategic arrangement of the integrated construction of the rule of law.It should reflect the practical respect for administrative rights from the level of systematic recognition and effective protection.The development of the administrative rule of law in China has gone through the period of external force driven by the judiciary,the period of administrative self-control oriented by the administration,and the period of high-level promotion oriented by the Party and the government.On the basis of following the principles of the stability of legal norms,the review of administrative legitimacy,and the cohesion and coordination of the laws and regulations within the Party and the state,the system integration of the judicial resources of the Party and the government should be realized by using the technology of clause expansion,extraction of public factors and induced clauses.The formation of the four-fold consensus on name expression,scope of adjustment,logic main line and resource supply can help the compilation of the administrative basic code to achieve stability and further development.

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