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Administrative Law

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Chapter Summary

Administrative law, as a branch of legal science, was not included in the curricula of tertiary legal education until 1981 by the Ministry of Justice. It first became an elective subject in 1983 and then a compulsory one in 1986. Administrative legislation has also developed rapidly since the late 1980s. This chapter first reviews the major developments in administrative law in China. This is followed by an analysis of contemporary Chinese conceptions of administrative law. Individual aspects of administrative law, namely administrative decision-making and its control and supervision mechanisms, procedural remedies for individuals, and state liability for maladministration, are then examined. Despite various shortcomings, especially the exclusion of the Party from external scrutiny and the heavy reliance on internal review and supervision, the rapid development in administrative law represents one of the most significant forms of progress in legal development in post-Mao China.

Keywords: administrative law; administrative legislation; contemporary china; legal development; post-Mao China; state liability for maladministration



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