adm i ni strati ve heari ng行政听证
revi ewi ng courts复审法院
adm i ni strati ve l i ti gati on行政诉讼
l egi ti m ate ri ghts and i nterests合法权益
1.ublic law （公法）： Public law is a theory of law governing the relationship between ndividuals （ citizens， companies） and the state. Under this theory， constitutional law， dministrative law and criminal law are sub-divisions of public law.
2. general jurisdiction （普遍管辖权）： A court of general jurisdiction is one that has the uthority to hear cases of all kinds—criminal， civil， family， probate， and so forth.
3. ultra vires （超越权限）： Ultra vires is a Latin phrase that literally means“beyond the owers”. Its inverse is called intra vires， meaning“within the powers”. It is used as a egal termin a number of common law contexts.
4. United States Cabinet （美国内阁）： TheUnited States Cabinet （ usually referred to as the President s Cabinet or simplified as the Cabinet） is composed of the most senior appointed officers of the executive branch of the federal government of the United States. Cabinet officers are nominated by the President and then presented to the United States Senate for confirmation or rejection by a simplemajority. If approved， they areswornin and begin their duties. Aside from the Attorney General， and previously， the Postmaster General， they all receive thetitle Secretary. Members of the Cabinet serve at the pleasure of the President.
5. Administrative Procedure Act （《联邦行政程序法》）： The Administrative Procedure Act（ APA） is the United States federal law that governs the way in which administrative gencies of the federal government of the United States may propose and establish egulations. The APA also sets up a process for theUnited States federal courts to directly review agency decisions. It is one of the most important pieces of United States administrative law.
6. Justice Breyer （布雷耶大法官）： Stephen Gerald Breyer （ born on August15， 1938） is an Associate Justice of the U.S. Supreme Court. Appointed by Democratic President Bill Clinton in 1994， and known for his pragmatic approach to constitutional law. Breyer is generally associated with themore liberal side of the Court.
7. American Bar Association （美国律师协会） ： The American Bar Association （ ABA） ， ounded on August 21， 1878， is a voluntary bar association of lawyers and law students， hich is not specific to any jurisdiction in the United States. The ABA s most important tated activities are the setting of academic standards for law schools， and the formulation of model ethical codes related to the legal profession.
I Reading comprehension.
1. s administrative law considered as a branch of public law or private law？
2. In common law countries， what is the difference between judicial review of administrative decisions and an appeal？
3. How does Justice Breyer defineadministrative law？
4. When did the U.S. Congress enact the Administrative Procedure Act （ APA） ？
5. What is the Am erican Bar Associations official journal concerning administrative law？
IIFill in the blanks with the words and expressions in the box.
written comments notice private conduct rule
publication modelhearingpublic utilitiesproposal
Rulemaking has a broad rang of possibilities， fromthesetting of rates for （ 1） such as bus and taxi， to the creation of binding norms to govern （ 2）such as smoking and spitting.
Rulemaking procedure has three models： （ 3）， notice and comment model， and formal hearing model. Publication model is the simplest one among the threebecause its only requirement is the publication of noticeof the （ 4）. The procedures of notice and comment model begin with the publication of notice about a （ 5）for rulemaking； then any interested person may submit （ 6）to the responsible agency for its consideration； the agency s obligation is then to publish with any ruleit may decideto adopt a general statement of its basis and purpose. The main elements of a formal hearing model are （ 7）and （ 8）.
III Paragraph translation from English into Chinese.
The judicial control of administrative actions is one of the most significant topics of American administrative law. Because no special system of courts handles administrative matters， judicial review is carried out within the framework created for conventional litigation in the regular courts. Most federal regulatory statutes specifically authorize review of particular actions of the agency charged with their administration.
IV Paragraph translation from Chinese into English.
美国的行政法由宪法、制定法、判例法和行政规章等组成。在宪法层面，以正当法律程序条款对行政诉讼的影响最为重要。在制定法层面，最重要的是《1946年联邦行政程序法》，该法旨在规范行政程序，阐明对行政行为进行司法审查的范围。由于宪法和制定法的许多指示比较笼统，判例法也发挥着重要作用。
V Discussion.
How do you understand thefunctions of administrative law in modern society？
