On the integration of public law jurisprudence

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  • China National School of Administration, Beijing 100089, China; Yuan Shuhong, vice president of China National School of Administration, professor and doctorate supervisor in Law School of Peking University, he also acts as the vice president of China Law Society.;

Published date: 05 Sep 2006

Abstract

After two to three hundred years of development, modern public laws have become more and more important, mature and integrated especially since the 20th century. Traditionally, the dispersive and overlapping public law researches were grounded on the sectional public laws like constitutional law, administrative law, criminal law, procedural law, international public law, etc. Nevertheless, with all-around emergence of public law, the traditional research method can no longer adapt to the development needs of the modern public law. Therefore, it is quite necessary for us to create a kind of moderate unified public law between the laws and the sectional public laws, so as to do comprehensive, integrated and systematic researches on various sectional public laws. Based on the indepth argumentation about the necessity of developing unified public laws, this paper further puts forward that, to discuss an all-encompassing way about the main problems of creating the unified public laws and expect to fill the gap with it, the unified public law should define its study objectives mainly focused on the contents of integrated public law criteria, common public law features and general public law rules and so on; form its theoretical basis on the line of the relations between public power and the citizen privilege; establish its category structure found on the concept of public power and the derivative core and basic categories; and build up the disciplinary system based on the systematic integrity of the public law research results.

Cite this article

YUAN Shuhong . On the integration of public law jurisprudence[J]. Frontiers of Law in China, 2006 , 1(3) : 349 -362 . DOI: 10.1007/s11463-006-0014-5

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