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What is Administrative Law?

The systemic study of administrative law started in China in the early 1980s and has been heavily influenced by Western countries, both continental and common law. It is generally accepted that administrative law is a branch of law relating to public administration.

As to the exact meaning and content of administrative law in China, there is no definitive or unanimously accepted definition. Some scholars have adopted the common law approach used in the United States and United Kingdom that administrative law aims to control the exercise of power by the executive branch of government. Others are influenced by Marists theories that maintain that the essence of administrative law is to meet the needs of public administration. There are also those who adopt a hybrid approach, i.e. Administrative law has both functions to play.

The most commonly refer to characteristics of Administrative law of the above listed approached include issues dealing with legal status, the objects to be regulated, the contents, the functions, the structure and the objectives. Scholars have chosen and used different combinations of these elements to define administrative law.

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