The Mode Choice Of Codification Of Administrative Law In China

Codification is the top mode that countries with traditional civil law system choose to systematically update a certain branch of law.Codification is also the ultimate goal pursued by legal departments.The promulgation of the Civil Code marks legal construction into a new era of systematic development.At the same time,with the acceleration of the legislative pace of administrative law,the voices of administrative law scholars to promote the codification of administrative law are increasingly rising.Since the 18th National Congress of the Communist Party of China,General Secretary Xi Jinping has always planned and promoted the rule of law in China in a key position in the overall work of the Party and the country,and has made many arrangements,depicting a grand new picture of building the rule of law in China.In the Party’s 20th Congress report,General Secretary Xi Jinping proposed a comprehensive framework for promoting the rule of law in China.At the Summary of 2021 Annual Meeting of Administrative Law Research Association of China Law Society,scholars of administrative law discussed the mode choice of the codification of administrative law,indicating that the foundation of the codification of administrative law has been established,and the codification of administrative law is imperative and urgent.This thesis has applied the comparative research method,comprehensive research method and historical research method.Through comparing and analyzing the typical model of western countries’administrative law codification and combining with the current situation of Chinese administrative law legislation,this thesis concludes that Chinese administrative law codification should adopt the general mode of administrative law.The full text is divided into five parts,with the introduction part based on the research background that China is speeding up the process of compiling the code of administrative law,with the integration of the rule of law system of administrative law,systematization of theoretical reserve of administrative law,the value of administrative law and the spirit of the declaration and guarantee of administrative rights as the research significance.And by reviewing the status of administrative law codified at home and abroad,it concludes that the choice of suitable mode of administrative law codification of our country can help promote the construction of Chinese administrative rule of law forward.The first chapter is about the concepts and characteristics of the codification mode of administrative law.The first point of view is to explain the concept of codification and codification mode of administrative law,i.e.administrative procedure refers to the domestic and the basic principles of administrative law and administrative activities of academic evaluation and system arrangement and tidy statement compiling activities,administrative procedure mode refers to the system of administrative legal norms pursuit,try for more coordination and scientific administrative legal norms,so that they can eliminate the conflict between the administrative legal norms,guarantee the stability of administrative procedure.Second,the codification of administrative law and the codification mode of administrative law are analyzed,concluding that both of them are based on implementing the concept of "people-centered",promoting the construction of the government under the rule of law,and consolidating the social governance at the grassroots level.The differences are that the codification mode of administrative law pays more attention to the systematization of administrative legal norms,pays more attention to the embodiment of legislative techniques,and gives more consideration to the hierarchy.The third is to describe the characteristics of the codification mode of administrative law.The characteristics of the codification mode of administrative law include the systematization of content,the unity of form and the value of idea.The second chapter is the mode function and mode type of codification of administrative law.This chapter mainly analyzes the mode function and mode type of the codification of administrative law.First,the functions of the codification mode of administrative law include promoting the construction of a law-based government,highlight the publicity and education of administrative rule of law,and realizing the internal unity of administrative law,which lays the foundation for the selection of the codification mode of administrative law in the following article.Second,using the procedure of administrative law in our country present stage model selection problem of controversy as the breakthrough point,through the comparison of the advantages and disadvantages of full codification model of administrative Law,codification model of administrative procedure、administrative basic code and codification model of general provisions of administrative law,i.e.analysis of the theory of administrative law in our country’s reserves,the plight of administrative legislation ideas and codification of administrative procedures in our country,it is concluded that the codification model of general provisions of administrative law is better suited to the mode choice of codification of administrative law in China at the present stage.The third chapter is the experience and reference of codification mode of administrative law in Western countries.The concept,characteristics,origin and significance of the codification model of administrative law in the United States,the Netherlands and Germany are detailed respectively.Finally,it forms important inspiration and experience for China to choose the codification model of administrative law,and summarizes three lessons for Chinese administrative jurists to draw lessons from i.e.paying attention to the integration of international development concept and domestic development strategy;the codification of administrative law should take into account the entity and procedural rules,and the integration of administrative law and legal norms systematization.The fourth chapter is the mode choice of the administrative law codification of our country.Based on the theoretical foundation of the previous article,the mode of administrative law codification of our country is chosen as the mode of administrative law codification.Firstly,on this basis,a roadmap for compiling the general rules mode of administrative law is preliminarily designed,in which procedures and entity contents are integrated,individual and general,integral and partial are taken into account.Secondly,a phased compilation schedule of general provisions followed by specific provisions has been planned.Thirdly,the framework and content of the codification of the general provisions of administrative law are formulated according to the compilation route,which can be designed into five chapters,which are divided into five parts:general provisions,administrative subjects,administrative activities,procedures of administrative acts,and supervision,relief and guarantee of administrative power.This will provide some theoretical values for the compilation of our administrative law codification.