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Research On The Legislation Of The Administrative Procedure In China

Posted on:2019-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z LiFull Text:PDF
GTID:2346330545990196Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The main watershed between modern rule of law and traditional rule of law lies in:The traditional rule of law focuses mainly on controlling the scope of power granted to the government,while the modern rule of law focuses more on regulating the exercise of government power.From the perspective of modern rule of law,administrative procedures play a very important role in regulating and restricting administrative power.Establishing an administrative procedure system that carries certain pursuit of value is an important issue in administrative law.The promulgation and implementation of the Administrative Procedure Law opened a new page in the history of administrative legal construction in China.Since then,administrative procedure legislation in China has shown a systematic tendency.Although China did not embark on the formulation of the Administrative Procedural Law,it took various tactics to break through the legislative approach and made unremitting efforts to establish the administrative procedural system in China.For example,the Administrative Punishment Law,the Administrative Licensing Law,and the Administrative Coercive Law implement procedures relating to administrative penalties,administrative licenses,and administrative compulsion respectively.The regulations stipulate that these achievements in administrative procedure legislation in China are of far-reaching significance in restricting the exercise of executive power in accordance with the law and protecting the legitimate rights of citizens.Based on the above reasons,this article makes a brief review and observation of administrative procedure legislation in China.I pay attention to the social background of the formulation of specific legal texts and I also understand the relevant legal texts in a historical emphasizes historical understanding rather than a literal interpretation of relevant historical conditions.Therefore,during the analysis of the relevant legal texts,I collected and consulted a large number of legislative materials,including legislative descriptions,interpretations written by the personnel participating in the legislation,and recollective materials.I tried to return to the historical juncture at the time when the legal text was drafted.Based on the social conditions at that time,I tried to study and analyze why the relevant system was designed.The decentralization of administrative procedures in our country exposes many drawbacks,mainly including:duplicate legislation which is wasting legislative resources;creating a blank space for legislation;some administrative areas have not been regulated by relevant procedural rules and legislative conflicts have occurred between different single lines of legislation that there is an inconsistency in the provisions of the same system.The content of the current administrative procedure legislation is generally seen in the shade of the management law and does not fully protect the rights of citizens.The success or failure of the administration according to law depends to a certain extent on the relevant legislation,and procedural legislation is the key to advancing administration according to law.The administrative procedure law of our country has actually embarked on the path of local legislation and Separate legislation in the first place.At the Fourth Plenary Session of the 18th CPC Central Committee,"The Central Committee of the Communist Party of China decided to advance a number of major issues concerning administration of the country in accordance with the law" puts forward”improving the legal system of administrative organizations and administrative procedures".We have proposed new legislative requirements for administrative procedures and allowed us to rethink whether or not the time has come to formulate a uniform administrative procedure code in our country.In fact,the Administrative Procedure Law was once included in the legislative plan of the Standing Committee of the Tenth National People's Congress,but it has not appeared again in subsequent legislative plans.It can be seen from this that the road to codification of administrative procedures is arduous in China.Based on the analysis of the status quo of administrative procedure legislation in China,this article discusses the necessity and possibility of the formulation of a unified administrative procedure law in China.At the same time,on the basis of learning from the useful experience of foreign administrative procedure law,the article proposes ideas and suggestions on how to formulate an administrative procedural law that conforms to national conditions of China.
Keywords/Search Tags:administrative procedures, due process, administration by law, Administrative Procedure Code
PDF Full Text Request
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