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					Sketches of the French administrative law
Sketches of the French administrative law
- In memory of Mr. Wang Mingyang to this article
Old money
  ?
    The evening of 6 November 2008 at about 6 pm, Chinese contemporary leading
authority of administrative law in Beijing, Mr. Wang Mingyang, died aged 92. Mr.
Wang Mingyang's academic achievement is admired, life experience cause
for regret. Master the same honor and in an era Gaoshanyangzhi, but eventually
missed the person being educated, regret now! Here I would like to administrative law
course in a foreign country report on this study, to mourn his predecessors and fellow
alumni.
?
Recently read French administrative law, administrative law for foreign study this
course to prepare a report on French administrative law is deeply profound, but his
limited, so a lot of pressure. Sometimes feel as if across the glass fish tank and see the
fish cruising in the water, in which the refraction of light into, but with a kind of
intangible sense of distance; time but feel like straying into deep flowers, broken
Huaman Yuan, but no time to 11 small product, not to embrace arms. It was in this
trance of illusion and confusion among the helpless, and pick up several flower
"Floral", careless to piece together this study notes with you all
interesting, so called "Sketches."
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First, observe Ontario - comparison of French administrative law book style
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This time we read the French administrative law, based on L. Neville Brown and John
S. Bell co, high-Wei Qin and Wang Kai joint translation of "French
Administrative Law (Fifth Edition)" (French Administrative Law) as the
main references. A total of 11 book chapters, remove the introduction and conclusion,
there are nine chapters in the remaining five chapters are devoted to the
Administrative Court and administrative proceedings, while other chapters are
basically around the administrative court system to be discussed. This constitutes a
book in the style of an important feature of the structure. Also acknowledged in the
introduction of this:
?
For convenience, we will be the words of Daisy the title of the book. Of course, this is
not quite accurate. Droit administratif correctly translated into English is
"Administrative Law" (adminisrative law), these two statements
(in France than in Britain have a more precise content) are included on the various
types of administrative organizations, law and law relating to official business (la
fonction publique), which was also included in France in the UK are classified as part
of the Local Government Act. But the book mainly deals with
"administrative proceedings" and the French Supreme
Administrative Court, "legal proceedings" in the jurisdiction,
and regional appeals and trial court. In other words, we are concerned in the
administrative environment, and national organizations, civil litigation. Literally
translated to as          "administrative proceedings" and
"Dispute Resolution Rules."
?
Recognizing that this feature is very important for us to read the book. Because we
have to adjust to see the title of the book, the book is expected to determine the focus
of reading, not be thrown into the structure of the book, and even the entire French
system of administrative law the wrong impression. The authors also said:
?
Our readers can not imagine the content will describe next the whole field of
administrative law, even with this part of the exam includes all relevant laws. Those
who seek a comprehensive understanding of the issues or concerns with other aspects
of French law, the reader can book list of books listed in Appendix K to get help.
?
This has inspired us under the veil of French administrative law in the whole picture
of the curious. Indeed, in this above written by two British "French
Administrative Law" in our in depth to Le Jiedao France's
administrative court and administrative proceedings Zhiduo, especially in a 独特
Comparative Law and British Xiang Guan Shi Jiao Xia The "judicial
review" system comparison. Tang Lingli students will deal with that later.
However, the French administrative law than administrative court system, what its
system, but in the end it does what it contains?
Turning to the French administrative law in China will inevitably think of Mr. Wang
Mingyang, and his masterpiece, "French Administrative Law."
Learning and research administrative law, whether they had read carefully, or Liaoqie
window-dressing, usually on the shelves there is this thick book. Professor Jiang
Mingan for Wong Lo "comparative administrative law," wrote
the preface said:
?
China's administrative law administrative law scholar or learned person
should not do not know Professor Wang Mingyang, and should not not read the
writings of Professor Wang Mingyang of administrative law, and should not be placed
in their shelves Professor Wang Mingyang not "foreign Administrative
Law      Trilogy      ":"         English      Administrative     Law
"," French Administrative Law, ""
American Administrative Law, "which at least one of the. In China, if there
is such a scholar of administrative law, administrative law such a learned person, it
must be a miracle, an absolute miracle.
?
Mr. Wang Mingyang's main achievements is that of contemporary
China's Pioneering administrative law, the "Administrative Law
Trilogy" as the subject of Chinese administrative law system and the
establishment of administrative law provides a fire. It is said that Mr. Wang Mingyang,
contemporary Chinese administrative law to postpone the establishment of at least ten
years. In this "foreign Administrative Law Trilogy" in academic
circles, "the French administrative law," the evaluation of
particularly high. We look at this early book published in 1988, the directory will find
today's administrative law from teaching style of the shape and projection.
We have to sigh, Mr. Wang Mingyang modern administrative law in China has laid a
solid foundation, then the evaluation is not too high.
Let us analyze what Mr. Wang Mingyang of the "French Administrative
Law" in the directory. The book has eleven chapters. First, the first chapter,
"Introduction," the executive, administrative law and
administrative law expounded the basic theory is equivalent to the field of
administrative       law.    Second,      Chapter      II,   "Administrative
Organization", described the concept of administrative organization and
composition, which includes central and local state administrative organizations, local
administrative organizations and public corporate bodies, together with the fourth
chapter, "Civil Service", together constitute the administrative
or say the main Law of Administrative Organization in this field. Chapter V,
"the chief subject of property", is the administrative body of the
main components of theory, but very few of the current domestic. Again, the third, six,
seven, eight chapters which form the chapters in fact the field theory of administrative
behavior. The third chapter is "administrative action", explained
the Ordinance (ie abstract administrative act), administrative processing (ie, the
specific administrative act), the internal administrative measures (the equivalent of
internal administrative actions) and the administrative contract (that is, both
administrative acts). Chapter VI "public charge and public
requisition," Chapter VII "public works" is in fact
especially in the field of administrative acts. Chapter VIII, "the main form
of administrative activities", including the administrative police, public
service activities and assistance to private, public welfare, reflecting the way of
administrative activities and the role of developments in the field of social life. Finally,
Chapters IX and X it the "supervision of administrative
activities", introduced outside the administrative proceedings and remedies,
together with Chapter XI, "executive principal and civil
liability", which constitute the three chapters administrative relief of this
theory in the field.
So, today, the most typical of administrative law teaching style, namely, the basic
theory, the administrative body, administrative action and administrative remedies
" 四 段 theory", is Mr. Wang Mingyang "French
Administrative Law" style of the book aligned. We still can not conclude
that the "French Administrative Law," a book created a
theoretical system of administrative law in China, but "the French
administrative law," no doubt influenced the contemporary Chinese
administrative law, such a profound influence distant, long time, and fresh.
   "The French Administrative Law" is Mr. Wang Mingyang as
a Chinese scholar to introduce the French to the Chinese administrative law written.
Then write the French administrative law textbook style is like? I have in hand a
paper of administrative law textbook, entitled "Administrative
Law" (Droit administratif), the University of Strasbourg Professor Jean
Rivero and Jean Waline book, the French general administrative materials, to 2002
have been published 19 version. I tried to translate it out of the directory:
   (Author note: this book was later found to have been in the translation,
"French Administrative Law," so Rivero, let Valina with Lu Yan
translation, The Commercial Press)
?
   Introduction
   The first part of the administrative activities of the basic legal principle
     Part I. General Theory of Public Corporation
      Legal personality of the first chapter
      Chapter II of various legal
     Part II norms method
      Chapter Administrative Law Sources
      Chapter II the principle of administrative law
     Administrative act III
      Chapter administrative processing (Note: the literal translation of the
implementation of decisions)
      Chapter II Administrative Contract
     IV Administrative Litigation
      Chapter Chief Trial reason to exist
      Chapter II Administrative Judicial authority: defined way; rights disputes and
trial
      Chapter administrative trial rights: defining criteria
      Chapter IV Organization of the Chief Trial
      Chapter V Administration of v. (Note: categories, including the complete
withdrawal of the complaint and the jurisdiction of v.)
      Chapter VI of the administrative proceedings
      Chapter VII of the ultra vires of the v.
     V administrative responsibility
      Responsibility of public authority in chapter Development of Legal System
      Chapter conditions for public liability of legal persons (Note: including damage
and can be attributed to sex)
      Chapter fault liability
      Chapter IV no-fault liability
      Chapter V Civil Service under the responsibility of individual fault
      Chapter activities, the executive power of State responsibility (Note: refers to the
state legislative and judicial responsibility)
   The second part of the administrative organization
     Part I. General Principles
      Chapter centralization and decentralization
      Chapter II Regional Division of Administrative Organization
     Part II Organization of State Administration
      Chapter central state administrative organs
      Chapter local state administrative organs
     III local government
      Chapter town administrative organization
      Chapter provincial groups
      Chapter Region
      Chapter IV in Paris and the Paris region, Lyon, Marseille
      Chapter joint local groups
      Chapter VI of the state control of local groups
    The third part of the administrative activities in the form of
     Part administrative activities
      Chapter Chief Police
      Chapter Public Services: General Principles
      Chapter private public welfare assistance
     Part II administrative activities of the administration
      Chapter Management
      Chapter concessions of public services
      Chapter III of public utilities and public enterprises
      Chapter mixed economy system, business
      Chapter V Industry Association
    Summary
?
   Can see that the book is based on administrative activities for the center started.
According to my understanding, administrative activities (l'action
administratif) refers to the operation of the executive power in all the activities, and
administrative action (l'acte administratif) is a relatively narrow concept
much. The first part is about the basic principles of administrative activities, and then
the second part of the set of administrative organizations, "Administrative
Organization defines the specific scope of administrative activities," the
third and final section describes the form taken by the administrative activities. Which,
for the first part, the author believes that the public corporation (Part I) is the
administrative activities of the first element of relying on administrative activities to
be implemented; law practice (part II) is the basis for administrative activities, but
also the limits of administrative activities ; Public Corporation through administrative
action (III) to express their will; administrative trial (IV) is the legality of the
surveillance and protection and, through the administrative responsibility (V) to be
punished. For the second part, the book expounds the general principles of
administrative organization (Part I), from the perspective of centralization and
decentralization, introduced the state administrative organizations (Part II) and the
local government administrative organizations (section 3 compilation), which is a
special constitutional system and the French are closely related. The third part
describes the form taken by the administrative activities, the specific content of the
directory as shown.
Of course, this is only a rough outline of the summary and comparison, or the essence
of a truly meaningful one by one into specific theories and systems. Most importantly,
the book's style does not vary, just like I always say, there is no best, only
the most suitable. Style is just a coat, is hosted by the various theoretical system of its
decision. Therefore, this comparison of the style is not intended to compete with more
than one, but in a way teaching and administrative law, administrative law system,
there may be a different experience and inspiration.
?
   Second, Benevolence - the introduction of an impression of the French
administrative law
?
   The "Administrative Law" means the book's
introduction there, I would like to translate, share with you. It may help us understand
some features of French administrative law, but the most important is that we learn
and think on the administrative law approach and attitude of some inspiration.
?
Introduction
   First, since 1962, which some of the earliest version of this textbook is the stage for
the degree (licence) the second year of teaching and administrative law prepared. In
fact, this course include the general principles that constitute the subject of various
materials. Despite those reforms, universities are still, as always, use this book. Today,
the book corresponds to the general undergraduate (DEUG) the second year of
administrative law teaching. Most of the relevant examination and administrative law
can not leave the book. This, as always, the continuity, as reflected in the name of this
version of the section in determining the.
   Second, for a textbook launch, only a good framework: the contents of each chapter
in the preceding section has been relying on the knowledge gained, not advance the
expansion of the follow-up chapters. Unfortunately, not possible to elaborate the
administrative law in accordance with this model: for later analysis of the knowledge
can be implied and the association, from the beginning frequent and inevitable. That
is why it is necessary to use a long introduction, from the start to impart basic
knowledge to the students; and students often ignore these introduction, it is like
going into a house at the same time refused the key, though Zuizhong able to achieve
objectives, but to spend much more effort.
   Third, this book is divided into three parts, the first of the basic principles of
administrative activities, then the administrative organization and administrative
organization defines the specific scope of activities; Finally, the third part shows the
form of administrative activities.
   Fourth, all the administrative work from the beginning, it will give some case
nature of the decision. This should remind the beginner:
   1. In administrative law, jurisprudence plays a more creative than in the role of
private law;
   2. In an action based on administrative law in the trial, there is a unique to the
Supreme Administrative Court (Conseil d'Etat), led by the judicial
organization;
   3. In order to clear the jurisdiction of ordinary litigation and administrative
proceedings between the jurisdiction of the boundaries of the existence of a special
judicial organization, that permission to court controversy.
   Fifth, in most of the universities, on the administrative organization 为
administrative activities take advantage of the personnel and property in question is a
more later of, Fenkai the teaching of the object, arranged in legal education in the
third and fourth year . But the book discusses the general theory inevitably linked to
these issues.
   Therefore, readers should be aware:
   1. Administrative activities to be implemented by a natural person, that public
servants (agents publics), their various rules and regulations by the considerable
number of adjustments, most of them have civil servants (fonctionnaires publics)
identity.
   2. Administrative activities required a considerable amount of various properties of
the property, they are among the most important parts of the public property (domaine
public). One of the real property to public purposes through charge-based
(l'expropriation pour cause d'utilité publique) was the
authoritarian manner. Organize and maintain their form under the special system of
adjustment of public works (traveaux publics).
   Six, maybe people will be surprised, the book made headlines only small changes,
and administrative law has undergone dramatic changes. This relative stability is the
will from a fixed, that is closely linked to the will of nature. In a textbook, the only to
introduce students to frequent changes in regulations or case details, while imparting a
much slower development of basic knowledge, this will result in student confusion
and chaos, we are deeply unhelpful. This book is, it is only to simplify the
understanding of basic knowledge, basic knowledge as the basis of these influences
can be understood today, the discipline of constant and deep reforms that introduced
by the Government of "national reform" will likely continue.
   7, these changes may partly social, and technological concepts to explain the rapid
development. In recent years, these changes gradually accelerated, and this is the
opposite of the ideology as the ruling power inspired the change, or because of
President of the Republic and the parliamentary majority, the opposition between the
"cohabitation" period. The change can not but lead to frequent,
sometimes contradictory, leading to instability and uncertainty of reform. Within the
European Community institutions in Europe, the decision to implement an
increasingly important impact on the domestic administration, this effect will only
exacerbate instability. Guidance for maintaining a higher main line, closely to the
basic knowledge, rather than changing the regulations, this is another reason, and only
the basic knowledge in order to determine the reform measures taken.
?
   Third, judging people - Reading the French administrative law and think of two
scholars
?
   (A) Comparison of the charm
   The first of the administrative law book, "French Administrative Law
(Fifth Edition)" (French Administrative Law), are two British English
written in the old man, this is a very interesting phenomenon. Accurate, this book is
not an authentic, original flavor of the French administrative law books, but an
English-speaking countries for the students to understand written French
administrative law and comparative law books, both before and after the position,
attitude, content, purposes and methods are completely different. And not to discuss
the value of this book, I thought of 150 years ago, a French political system of the
United States wrote a novel, this is Tocqueville's "Democracy in
America." Tocqueville in the 1831 to 1832 to examine the name of the U.S.
prison system, was investigated in the United States nine months and a few days, we
wrote the film classics. This book is written in French, was translated into English,
including 10 kinds, including text, according to incomplete statistics, there are more
than 60 British and American English, people whom amazed.
   Tocqueville to the United States to examine the purpose and writing "On
the American democracy," the origin, in his own words, is
"from the experience of the country during this revolution, the revolution
in Zhaochu to the development of a successful and most Dezui peaceful country,
which should identify the natural consequence of the revolution; if possible, and then
explore the ways humankind can make the revolution. "Tocqueville hoped
that an objective description of American democracy, to report them faithfully seen
and heard , "must not insist on the fact that accommodate the view, but to
perspective based on the facts." At the same time, the process of his
writing has never forgotten her homeland. "I am confident that among the
regular and France quietly contrast, is the main reason for success of the
book."
   (B) knowledge and destiny
   In China, about the French administrative law, can not but talk about Mr. Wang
Mingyang's.
   Mr. Wang Mingyang, born 1916, and Hengyang. Wuhan University in 1937
admitted to the study of law is our alumni. In 1940, Wang graduated from famous
universities admitted (Chongqing), National Central University, where he studied
under the authority of administrative law at the time, studying in America, Dr. Zhang
Hui Wen Administration and Administrative Law graduate, three years later received
a master's degree and administrative law at the University office in Wuhan
Lecturer in Administrative Law. Wang Ming-yang in 1946 passed the last group of the
KMT government's public school students, but because when the French
are in the post-war recovery, so he stayed in the country across the seas to France two
years later the University of Paris Faculty of Law doctoral. 1953 doctoral dissertation,
"Civil Liability for civil servants," by doctoral dissertation,
University of Paris received a doctorate of Administrative Law.
   Mr. Wang Mingyang studies back in 1958, was organized distribution Institute of
Politics and Law in Beijing (China Politics and Law University), began four years of
"brainwashing"            experience.      "Well,         brain
washing," to teach the law. It is almost to tears is "The King is
famous in France ten years too poisoned by the evil of capitalism," he
concluded organization "brain washed well, can not be taught the
law." In 1963, Wang was transferred to the famous Beijing Institute of
Foreign Trade (now Foreign Trade University), Professor of French. In 1969, together
with other old scholars, famous king was exiled to and interest in Gushi County in
Henan County, "May 7 cadre schools," began life a decade of
labor reform. The famous King grew up in rural areas, the vegetable garden, digging
canals, but a piece of cake, but not in the book as an intellectual sea rafting are in the
"bullpen" facing the wall had thought, at any rate a bitter, can
not stand experience. "One no longer brook tolerate it, the state will not
make a Dr. is always worried dung of." Rushed over to his wife the way
from the Northeast to see him, could not stop burst into tears.
   After 80 years, Mr. Wang Mingyang attended China's first administrative
law textbooks for "Administrative Overview" in preparation to
take on "administrative action" section of the writing. In 1983,
he returned to China University of Political Science Master of Administrative Law as
a tutor, professor of administrative law and foreign administrative law, administrative
law with the China's first professional graduate students. In 1987, Mr.
Wang Mingyang the first monograph on administrative law, "the British
administrative law," publication, this time he has 71 years of age. Mr.
Wang Mingyang growth stage of academic life spent outside in the new governance
regime, mature governance in the new regime within the abandoned and lonely, until
seventies only wrote the first monograph.
   Abandoned the best time of life, this is destiny, which is why Wong Lo re-started in
the seventies and treasure the time the reason. Mr. Wang Mingyang original desire to
complete the five administrative law works, that "the British administrative
law",          "French          Administrative        Law,"
"American Administrative Law", "Comparative
Administrative      Law"         and     "Chinese        administrative
law." In order to write "American Administrative
Law", in order to gain first-hand information, he has done much to go to
the United States for study abroad opportunities to 70 senior citizens went to the
United States, and rely on direct contact with American scholars at Columbia
University's library, and finally in the past 80 years old when this book was
published. "Comparative Administrative Law," leaving only the
contents of the first four chapters and could not finish, "Administrative
Law of China" has also been impossible to write, this is an unfinished
blueprint, and long-cherished wish.
Mr. Wang Mingyang in "Comparative Administrative Law" and
"author's words," to sum up their life, wrote:
"This is a comedy, is also a tragedy." However, what tragedy
means that much strong. Mr. Wang Mingyang this tragic has very deep reflection, this
reflection will be reflected in their 60's translation of the
"communist legal theory" in the. Kelsen in the book's
"Conclusion" section, wrote: "Despite the Marxist
assumption that science is anti-ideological, however, the Soviet legal theory but with
obvious ideological nature. This means that it is law Note, ... ... without scientific
significance of objectivity, but mainly by the Soviet government dominated by
political interests. ... ... the Soviet legal theory reduced to the Soviet
Government's maids of this sad state of social scientists should is a serious
warning: the real social science transcend politics only possible under conditions.
"
On May 16, 2008

1985 will attend the inaugural meeting of the Administrative Law (seats left)

90 birthday He Shouwen set cover
day He Shouwen set cover

				
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