Chinese -style administrative rule of law modernization new road
April 29, 2022 10:48 Source: "China Social Sciences", April 29, 2022, Issue 2398 Author: Guan Baoying

Administrative rule of law has the effect of inheritance in the modernization of the national governance system and governance capabilities,Construction of the country carrying the country of rule of law,Being below to carry the construction of social rule of law。Let's take this,The modernization of administrative rule of law is the prerequisite and reliance of my country's realization of modernization in China。After decades of development in China's administration, the rule of law has formed its own characteristics,And in many aspects, the spirit of the new era。

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China's administrative rule of law construction first has a clear goal orientation,This goal orientation is to integrate administrative rule of law into the rule of law system in my country,Make administrative law as the core part of public law,Being able to support my country's legal system with private law such as civil law,Then realize the rule of law system。More importantly, administrative rule of law must comprehensively incorporate government actions into the track of the rule of law,Let the organizational rules of the government administrative system、Conduct rules and relief rules are improved。These goals are reflected in the policy documents of the construction of administrative and rule of law in my country,Of course, their legal basis is the constitution as a fundamental law,From the promulgation of the "Administrative Procedural Law" in 1989 to the promulgation of the "Interim Regulations on the Administrative Procedure of major decision -making administrative procedures" in 2019,Among them, the target orientation has not been shaken for a moment。

At the same time, China'bet365 best casino games s administration and rule of law are also based on the development and improvement of the rule of law,Specific problems specific response、Specific solution to specific problems。For example,On the occasion of the Century Bank of my country to join the WTO,Traditional administrative approval has become a bottleneck in government governance,For this situation,my country formulated the "Administrative License Law" in 2003,Make the government's administrative approval behavior more and more standardized,The decisions of many social affairs and public affairs are left as far as possible to the market。The behavior orientation of solving problems in this process is very clear,Another example,Since the epidemic of new crown pneumonia, many levels in my country have formulated administrative law documents to deal with the epidemic,With such administrative law documents, the control of the new crown virus can be followed by chapters,and achieve the expected purpose。The target orientation and problem response of administrative rule of law is an organic unity,It also fits the basic principles of the construction of the rule of law in China,This is a highlight of the modernization of Chinese -style administrative rule of law。

  Form administrative rule of law andThe road to the law of the rule of law in essence

The construction and improvement of administrative rule of law have two aspects: form and substance,Forms include the corresponding legal norms and rules of administrative law,The legislative system and source level of the law that can form a system that can form an administrative law,It must have a legal relationship that can support administrative law,Including the subject of administrative rule of law,and the rights and obligations in administrative law,Objects of administrative and legal relations,It is the matters and related objects regulated by the administrative law。And to form a law enforcement system that enables administrative law and obtains implementation,bet365 Play online games These important elements are all in the form of administrative rule of law。These forms have gained rapid development in my country,For example,Our administrative law specification system has basically formed,Our administrative law enforcement system also has Chinese characteristics,At the same time, we also cultivated the consciousness of the public to abide by the administrative law。More importantly,There are corresponding concept systems and discourse systems in my country's administrative rule of law system,If the administrative subject、The concept of administrative counterparts has been generally recognized。and under different stages of administration and rule of law and different administrative rule of law,The title of administrative subject and administrative counterpart also changes。For example,In administrative reconsideration, there are the concepts and relationships of applicants and the respondent,In the administrative lawsuit, there are the concepts and relationships of the plaintiff and the defendant,In the administrative law enforcement, it returns to the most basic conceptual level of administrative subjects and administrative counterparts。It is these concept system that gives my country's administrative rule of law a standardized appearance,I call these shapes as formal administration。

Corresponding to the form of administrative rule of law is substantive administration rule of law,No doubt,In essence of administrative rule of law, it requires dry goods in administrative rule of law,is the legal reality of the law of administrative rule of law。For example、Punishment rights and compulsory rights,Through the "Administrative Reconsideration Law", "Administrative Procedure Law" and "National Compensation Law", the public has a legitimate relief way for administrative infringement。The core of substantive administration and rule of law is the right to protect citizens,In 2004, my country made amendments Bet365 lotto review to the Constitution,Article 21 of the Constitution and Article 22 Amendment requires public rights to properly transfer private rights。We clearly propose that when the subject of public power is implemented and the administrative collection and levy must go through a legitimate legal procedure,The interests that must be damaged by citizens must be compensated。Another content of substantive administration and rule of law is regulating administrative power,means that the exercise of the administrative power meets the corresponding entity and formal rules,At the same time, it can also reflect the authority of administrative power as public rights。In the process of realizing the modernization of my country's administration, the rule of law and the law of the law of the law of the law,Basically formed the self -consistency of the two。

  The theoretical leadership and practical reason for reason

The construction of administrative rule of law must adhere to the unity of theory and practice,This is also an ideal state of administrative rule of law。my country's administrative rule of law has formed many theoretical elements in the long -term development process,For example, the element of absorbing the theory of Soviet management in the early days of the founding of the New China,Element of the control of the control of the mainland legal system after reform and opening up,After the implementation of the market economy, Chinese scholars propose the balance theory and service theory of the characteristics of Chinese characteristics。These two theories are formed on the local government of Chinese administration,Although they have different problems in some issues,But in general, there is no obvious contradiction,The basic theory is to construct administrative rule of law theory through the relevant public law theory led by the constitution。It is the accumulation of these theory of administrative rule of law,Only when my country formulated a series of administrative rule of law concepts when Bet365 lotto review formulating the "Essentials for Comprehensive Promoting the Executive Outline of the Law in 2004,If the concept of legal administration、The concept of efficient convenience、Program legitimate concept、The concept of honesty and trustworthiness and the unified concept of power and responsibility。Some of these concepts later transformed into the basic principles of administrative law,But no matter how their formation depends on the relevant public law theory,Rely on the theory of administrative rule of law。

The development of my country'bet365 best casino games s administration and rule of law has always existed with corresponding theoretical leadership。For example,In the "Outline of the Implementation of the Construction of the Government of the rule of law (2021-2025)" issued recently, the corresponding guidance ideas are clearly stipulated: "Putting the construction of the rule of law government in the overall planning of the party and the country's development,Speed ​​on the establishment of a clear responsibility、Government governance system administrative administration in accordance with the law。"This is essentially a higher -level theoretical leader in the construction of the rule of law government,It has both the attributes of legal theory,It is also a political theory in the construction of the rule of law government。The practice of administrative rule of law in my country pays attention to reason,Pay attention to effectiveness,Pay attention to the unity of cost issues and benefits。Taking the formulation of the administrative procedure method as an example,my country has not yet formulated a unified administrative procedure law,But in the practice of administrative rule of law,We took a decentralized Chinese path,We have formulated corresponding program rules for behaviors that are more sensitive and public attention。Such as the "Administrative Compulsory Law", "Regulations on the Disclosure of Government Information", "Regulations bet365 Play online games on the Disclosure of major administrative decision -making procedures", etc.,This makes our theory of administrative rule of law be implemented through rational administrative rule of law practice。

  Roads that are connected with local governance and global vision

China's administrative rule of law must be set off from China,It must solve the problem of China itself。So,Localization is the core essence of my country'bet365 best casino games s administration and rule of law,is the main aspect of contradiction,But at the same time,Xi Jinping's idea of ​​the rule of law includes the connotation of the beneficial results of the construction of the rule of law in China.。That is to say,Advanced results of foreign administration and rule of law,We are not exclusive,More importantly, my country's national governance and the construction of human destiny are consistent,And we also proposed the "Belt and Road" initiative,This has made the rule of law in our country have a corresponding global vision。

Looking at the development and improvement of my country's administrative law,On the one hand,my country's administrative legal system is very grounded,Regardless of the Administrative Organization Law、Administrative Behavior Law and administrative relief method have been generally recognized by the public; on the other hand,,my country's administrative legal system has also absorbed advanced experience in developed countries in rule of law。Such as the hearing system in the Administrative Penalty Law,The information disclosure system constructed in the "Regulations on the Disclosure of Government Information" all have a mature specification and operating mechanism in developed countries in rule of law,We did not exclude this,This has made China's administrative rule of law through many years of development has its own theory and practice,With your own discourse system and explanation method。

(The author is the Shanghai Municipal People's Government Counselor、Professor of Shanghai School of Political Science and Law)

Editor in charge: Changchang
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