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A Framework Analysis of China's Theory of Administrative Legal Relationship in the Codification of Administrative Law

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DOI: 10.23977/ICEMESS2023.072


Ziqi Zhang

Corresponding Author

Ziqi Zhang


At present, the basic situation of China's executive power exercise is that it should be strong but not strong, but what should not be strong is big and boundless. The legal power of administrative organs can not be exercised normally, which is related to the lack of administrative procedure guarantee; The abuse of administrative discretion is due to the lack of administrative procedure norms. The codification of administrative law should first change the traditional cognition, and should no longer regard administrative law and administrative procedure as tools to control administrative power, but as the basic ways and methods to deepen reform, promote national and social development, mobilize and stimulate administrative vitality, social vitality and market vitality, and realize the modernization of national governance and government governance. Codification of administrative law is an inevitable trend, and it is the only way to ensure the realization of administration according to law, build a government ruled by law, and push the level of rule of law in China to a new height. It is under the guidance of this idea that the mode of codification of administrative law should be carefully determined to avoid the process of codification of administrative law squeezing the space of departmental laws such as constitution, so as to seek legitimate reasons to establish the structure and content of administrative law code.


Administrative law, Codification, Administrative code

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