Administrative law in the People's Republic of China

As administrative law is referred to in the laws of China, a part of the jurisdiction of the public law.

Legal History

China had already existed in antiquity a tight centralized administration. In the time of the Empire of 221 BC to 1912, however, a legal protection of the citizen against the administration was unknown. A first codification of administrative law was at the time of the Republic of China. Since the 1980s it can be assumed the existence of a Chinese administrative law, which mainly deals with the research and introduction of foreign administrative law.

With the Provisional Civil Procedure Act of 1982 for the first time administrative law chambers were set up in the courts. According to § 3 paragraph 2 of this law was applied by analogy to administrative disputes. 1989 finally passed the Administrative Process Act ( VwPG ) (行政 诉讼法) the National People's Congress and created the first comprehensive administrative protection of the individual against the state, which was equivalent in Chinese Legal History of Revolutions:

" Worldview The idea did on average person Could challenge the decision of Government Officials Represents a radical change in the Chinese. "

Yet in China is still no separate administrative courts. The administrative law is the extent of great importance, as the State retains the authorization for a number of economic fields of activity.

Sources of law

• Administrative Procedural Code ( VwPG ) (行政 诉讼法) from 1 October 1990
• Civil Service Act (公务员 法) from 1 January 2006
• Administrative Penalties Act ( VSG) (行政 处罚 法) from 1 October 1996
• Administration Authorization Act ( VGG ) (行政许可法) from 1 June 2004