china law
Lehmanlaw

What is the Scope of Administrative Regulations?

One commonly adopted description of the contents of administrative law is that administrative law covers both substantive and procedural administrative law. This description limits the contents of administrative law to legislation. However, a review of academic works indicates that there is also another element - administrative law theory- which should be treated as an essential component of administrative law.

Apart from administrative reconsideration and litigation, there are two more means currently available, under which the relevant parties may bring an action against administrative organs. These are part of procedural administrative law, laying down the legal procedures for those under administration to bring legal actions to challenge the activities of administrative organs. Another part of procedural administrative law includes legislation with which administrative organs must comply in undertaking administrative activities.

With regards to the classification of the contents of administrative law, the broad approach holds that administrative law covers both substantive law and procedural law and has recently been adopted and widely accepted. The narrow approach maintains that administrative law should be restricted to procedural administrative law.

Unlike what is generally accepted in common law jurisdictions, where administrative law is almost equivalent to judicial review, the concept of administrative law in China seems more adequate if the brad approach is adopted. It covers administrative law theory, and substantive and procedural administrative law.