Rule Of Law In China: Progress And Problems. Lin LiЧитать онлайн книгу.
non-litigation activities arising from social disputes. China now has enacted in the fields of litigation and non-litigation procedure laws including Criminal Procedure Law, Civil Procedure Law, Administrative Procedure Law, Special Maritime Procedure Law, Arbitration Law, People’s Mediation Law, Notarization Law, and Extradition Law.15
The socialist system of laws with Chinese characteristics is a legal foundation for socialism with Chinese characteristics to retain its nature, a legal reflection of the innovative practice of socialism with Chinese characteristics, and a legal guarantee for the prosperity of socialism with Chinese characteristics. Its establishment is an important milestone in China’s development of socialist democracy and the legal system, and showcases the great achievements of reform, opening-up, and the socialist modernization drive. It is of great realistic and far-reaching historic significance. To comprehensively advance law-based governance of the country, China continues to step up its legislative work, promote democratic and effective legislation, improve the quality of legislation, and constantly improve and develop the socialist legal system with Chinese characteristics.
2.5.Steady Development in Building a Rule-of-Law Government
Administration according to law is an important part of governing the country according to law. The construction of a law-based government according to law is an important part of the construction of the rule of law in China. To build a government ruled by law is to adhere to the principle of administration according to law and to build all levels of government into a legal government, a power-limited government, a normative government, a law-abiding government, and a responsible government.
In 1997, the 15th National Congress of the CPC put forward a basic policy of governing the country according to law and demanded that all government agencies must administer according to law. In order to implement the basic policy of governing the country according to law and to promote the administration according to law, in 1999 the State Council promulgated the Decision on Comprehensively Promoting the Administration. According to Law. The Rules of Work of the State Council, revised in 2003, formally established the law-based administration as one of the three basic norms governing the work of the government, and clearly stipulated that the core of law-based administration was to regulate administrative power. In 2004, the State Council promulgated the Outline for Carrying out the Implementation of Law-based Administration in an All-round Way, setting the goal of building a government ruled by law. In 2010, the State Council issued the Opinions on Strengthening the Construction of a Government Ruled by Law, which made comprehensive deployment of and put forward the general requirement for the further promotion of law-based administration and development of a government rule by law in new conditions. It attached great importance to the construction of a rule-of-law government, the enhancement of the awareness about and ability of the rule of law among officials, especially leaders of administrative organs, improvement of institutional construction, and lawbased democratic decision-making using effective approaches. It also upheld building transparency into the work of government across the board, strengthen administrative supervision and accountability, resolve social contradictions and conflicts according to law, and strengthen organizational leadership, supervision and inspection.
The 18th CPC National Congress stressed the need to “promote administration in accordance with the law and earnestly realize strict, normative, just, and civilized law enforcement”. The Third Plenary Session of the 18th CPC Central Committee further clearly pointed out that to push forward the rule of law in the country, China must make coordinated efforts to simultaneously develop the law-based governance of the country, the law-based exercise of state power, the law-based administration of government; adopt a holistic approach to the development of a rule-of-law country, a rule-of-law government, and a rule-of-law society. We must deepen the reform of the administrative law enforcement system, integrate law enforcement power, and promote comprehensive law enforcement to spare no effort to solve the overlapping of power, responsibilities, and law enforcement, thus establishing a law enforcement system which integrates power and responsibility with authority and efficiency. We must reduce the level of administrative law enforcement and strengthen grass-roots law enforcement forces in key areas such as food and pharmaceuticals, production safety, environmental protection, labor and social security, and maritime islands; must streamline the law enforcement system of urban management and enhance the level of law enforcement and service. We will improve the procedures for administrative law enforcement, standardize the exercise of discretionary powers in law enforcement, strengthen the supervision over administrative law enforcement, fully implement the responsibility system for administrative law enforcement, and ensure that funds for law enforcement will be financed by fiscal support, so as to strictly regulate impartial and civilized law enforcement.
Since the reform and opening-up for more than 30 years, especially since the 15th CPC National Congress, China’s law-based administration of government has been carried out in depth, and the construction of the government under the rule of law has progressed steadily and made great achievements.
In terms of administrative legislation, from 1979 to September 2014, the State Council submitted a total of nearly 200 legal bills to the NPC and its Standing Committee and enacted over 720 administrative regulations. The State Council departments and local governments with legislative power had formulated over 26,000 regulations. Among them, the Administrative Procedure Law formulated in 1989 stipulated that the court can examine the legality of specific administrative behaviors, and as a result the number of administrative litigation cases increased a lot, and “the people suing the government” was established as a procedure system paralleling with criminal proceedings and civil proceedings. The State Compensation Law promulgated in 1994 stipulated that authorities whose illegal administrative behaviors may have caused losses to the parties concerned should bear the liability for compensation, which provided a legal basis for government responsibility and the protection of human rights. The Administrative Penalties Law promulgated in 1996 regulated the right to set administrative penalties and procedures for administrative punishment, and established relative regulations for administrative penalties. The Administrative Review Law promulgated in 1999 stipulated that parties concerned may apply for review to higher authorities for specific administrative behaviors. The Administrative Licensing Law of 2003 clarified the creation and scope of administrative licensing, regulated the administrative licensing of the government, and promoted the reform of the administrative examination and approval system. Administrative legislation has built up basic laws in the fields of Administrative Organization Law, Administrative Act Law, and Administrative Relief Law, and has made relative administrative laws and regulations in the fields of national defense, diplomacy, customs, personnel, civil affairs, overseas Chinese affairs, public security, safety, education, science and technology, culture, sports, tourism, urban management, environmental protection, medicine and health, food safety, and so on. A relatively complete administrative legal system was formed, which embodied the administrative legal concept that regulated and restricted administrative power. Power comes from the people and should be used to serve the people. Therefore, we must strengthen the restriction and supervision of power through legislation and ensure that power is used by the people and for people’s benefit.
In 1999, the State Council held a meeting to comprehensively promote the law-based administration of government and passed the Decision of the State Council on Promoting Administration According to Law, and crystallized requirements for law-based administration. In March 2004, the State Council promulgated the Outline for the Implementation of Lawbased Administration in an All-round Way (the Outline), and made an overall layout for the law-based administration and the construction of a government ruled by law. The Outline sets forth clear requirements for strict administrative enforcement of law, including legal administration, rational administration, proper administrative procedures, efficient and convenient for people, honest and trustworthy administration, unity of powers and responsibilities. The Outline stipulated that measures should be taken to streamline the administrative law enforcement system, speed up the construction of administrative procedures, and standardize administrative law enforcement. The main measures included: deepening the reform of the administrative law enforcement system to speed up the establishment of a system of administrative law enforcement with clearly defined powers and responsibilities, standardized behaviors, effective supervision, and strong guarantee, exercising the power and performing duties in strict