For the balance of rights and power
——Mr. Luo Haocai’s academic pursuit
September 25, 2023 10:59 Source: "Chinese Social Sciences Journal" Issue 2742, September 25, 2023 Author: Wang Xizhen

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Luo Haocai (1934-2018),formerly known as Luo Haocai,Ancestral home in Anxi, Fujian,Born in Singapore。Formerly served as deputy director of the bet365 sign up bonus code Department of Peking University、Vice President of Peking University、Vice President of the Supreme People’s Court、Chairman of the Zhi Gong Party Central Committee、Vice Chairman of the National Committee of the Chinese People’s Political Consultative Conference and other positions。He is the pioneer of modern administrative bet365 sign up bonus code in China、Founder。Representative works include: "Administrative bet365 sign up bonus code Theory", "Administrative bet365 sign up bonus code", "Administrative Trial Issues and Research", "Administrative Litigation bet365 sign up bonus code" (Chief Editor)、"Constitution and Political System of Capitalist Countries" (co-author), etc.。Luo Hao is a direct participant in administrative legislation,Also a practitioner of administrative bet365 sign up bonus code enforcement,When he served as Vice President of the Supreme People's Court,In charge of administrative trial work,Served as the chief judge of the "Shenzhen Xiancheng Building Case",This case has had a huge impact on society,Become an example of the administrative trial work of the People’s Court。He was the only democratic person among the Chinese justices at that time,He is also the first person to enter the highest judicial palace in China from the highest university in China。

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In contemporary Chinese legal circles,Mr. Luo Haocai is a peak in public bet365 sign up bonus code。Mr. Luo’s academic pursuit,Always focus on the country and society、Expand the relationship between power and rights。Mr. has taught in the bet365 sign up bonus code Department of Peking University since 1960,Later served as Lord Chancellor、National leaders and other positions,But throughout my life,The identity he is most proud of,Still a teacher at Peking University。Whether studying or participating in politics,Mr. Luo works hard for his family and country,Establishing a destiny for the livelihood of the people;Strong heart,Gentle man;The article contains the truth,The text is like the person。His academic research involves political philosophy、Constitutional bet365 sign up bonus code、Administrative bet365 sign up bonus code and other fields,contributed to the theory of equilibrium、Soft bet365 sign up bonus code theory and other original academic achievements,Enriching the discourse system and knowledge system of my country’s public bet365 sign up bonus code research。Through the main line of Mr. Luo’s academic thoughts,It is a public bet365 sign up bonus code scholar’s ​​persistence in his academic mission、Concern for human rights。Use Mr. Luo’s favorite sentence to summarize,It is "for the balance of rights and power"。

  From the perspective of judicial review

Mr. Luo’s initial constitutional theory,Focus on the constitution and political system of capitalist countries,Especially the judicial system。1980,He and Gong Xiangrui、"The Judicial System of Western Countries" co-written by Wu Xueying is published,It is one of the earliest works in contemporary China to study the legal systems of Western countries。

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Early 1990s,Professor Luo Haocai actively participates in promoting Sino-US legal exchanges,Served as the Chinese person in charge of the Sino-US legal exchange project。1984,Mr. Luo went to Columbia University bet365 sign up bonus code School for visiting research,Student under the famous public bet365 sign up bonus code scholar Professor Gail Hong。When he first arrived at Gelhorn's office,When talking about your research ideas,Gellhorn said: "You can study judicial review in the United States,But the development of administrative bet365 sign up bonus code in China,It still needs to be combined with China’s reality。”This answer made him a little unexpected,Caused him to think deeply。

After studying in the United States,Mr. Luo has a clearer understanding of the mission and direction of China’s rule of bet365 sign up bonus code construction。1986,The Legal Affairs Committee of the National People’s Congress established the “Administrative Legislation Research Group” composed of administrative bet365 sign up bonus code scholars and experts from practical departments,Responsible for the drafting of the "Administrative Procedure bet365 sign up bonus code",Mr. Luo serves as deputy team leader。In drafting process,All parties have a heated debate on whether the goal of administrative litigation should be "supervision of administrative power" or "protection of the rights of the counterparty"。This controversy planted the seeds for Mr. Luo’s subsequent “balance theory”。Under finalization,The legislative purpose is to "maintain and supervise" administrative agencies' exercise of administrative powers in accordance with the bet365 sign up bonus code,This basically reflects Mr. Luo’s thoughts。In the legislative process,Mr. Luo also proposed the concept of “review of the legality of administrative actions”,Delineates clear legal guidelines for the protection and supervision of administrative power,Becoming the core principle of China’s administrative litigation system。

In academic research,Mr. Luo Haocai positioned China’s administrative litigation system as a “judicial review system”。While presiding over the training course for China’s senior administrative judges at Peking University,Mr. Luo led young teachers and students to compile an administrative litigation textbook,Named "China's Judicial Review System"。In his opinion,Administrative Litigation bet365 sign up bonus code is rich in content,Wide coverage,But its core is "the court's judicial review of specific administrative actions",This provides a unique perspective for understanding China’s administrative litigation system。

In legal practice,Mr. Luo also always implements this perspective。June 1995,Mr. Luo was appointed Vice President of the Supreme People’s Court,In charge of administrative trial work。During this period,Mr. Luo presided over the trial of major administrative cases such as the Shenzhen Xiancheng Building case,Supported new administrative cases such as Tian Yong v. University of Science and Technology Beijing,Effectively defended and promoted the dissemination of the concept of administration according to bet365 sign up bonus code,Open up a new world for administrative litigation。In addition,Mr. Luo also led the drafting of judicial interpretations of administrative litigation,Expanded the scope of administrative litigation cases,Modified the previous itemized method,Becomes a major breakthrough in the administrative litigation system。

  Creating the Balance Theory of Administrative bet365 sign up bonus code

In the process of formulating the Administrative Litigation bet365 sign up bonus code,The academic circle of administrative bet365 sign up bonus code focuses on the relationship between administrative bet365 sign up bonus code and administrative power、The nature and function of administrative bet365 sign up bonus code、Basic principles of administrative bet365 sign up bonus code, etc.,The debate started over whether administrative bet365 sign up bonus code should "control rights" and "protect rights" or "both protect rights and control rights"。How should the development of China’s administrative bet365 sign up bonus code be combined with China’s actual situation?This is a question that Mr. Luo has been thinking about。

1986,At the conference on "How to Build an Administrative bet365 sign up bonus code System with Chinese Characteristics" held by the Legal Construction Magazine of the Ministry of Justice,Mr. Luo said: "The role of administrative bet365 sign up bonus code mainly has two aspects,First, ensure the effective and legal exercise of administration,Give full play to the role of administrative functions;The second is to protect the legitimate rights and interests of citizens。”Mr. Luo further proposed the principle of coordinating democracy and efficiency,“Our country’s administrative bet365 sign up bonus code has two functions,On the one hand, actively ensure the progress of administrative activities,Promote administrative efficiency;On the other hand, it passively exerts necessary control over administrative agencies,Preventing and correcting administrative misconduct,Protect the legitimate rights and interests of citizens”。This constitutes the core proposition of Mr. Luo’s “balance theory” in administrative bet365 sign up bonus code。

"Balance Theory" triggered a great academic discussion on the basic value system of the Constitution and administrative bet365 sign up bonus code。Balance theory is not only a methodology,It is more about value theory: in order to achieve the balance of rights and power,It is necessary to effectively restrict strong power。In this sense,The theory of balance is not "moderate" or "harmony",It has a distinct value orientation - the protection of individual rights。The balance theory advocated by Mr. Luo,Advocates the introduction of a relationship perspective,The power center perspective that replaces "management theory" and "power control theory",Highlight the subject status of individuals in administrative legal relations。He proposed: “The relationship of rights and obligations between administrative agencies and the opposite party,Constitutes the most basic administrative bet365 sign up bonus code relationship。From opposition to unity between the two、The process of contradictory movement from imbalance to balance,Constitutes the history of the development of administrative bet365 sign up bonus code。”

Balance theory is not an academic game,But it can be closely integrated with the practice of our country’s rule of bet365 sign up bonus code。The theory of balance will guarantee administrative management、Maintain administrative order and protect citizens’ legitimate rights and interests、Defending civil liberties in one,To overcome the unipolarity of institutional design。When discussing the development trend of modern administrative legal system,Mr. Luo proposed: Administrative bet365 sign up bonus code should take into account both the functions of maintaining order and defending freedom,Don’t put too much emphasis on one side and ignore the other。The balance theory not only focuses on the proper goal of protecting individual rights,Pay more attention to the realization mechanism of individual rights protection。Considering the serious deficiencies in the protection of individual rights in practice,Mr. Luo was the first to introduce restrictions in theoretical research on administrative bet365 sign up bonus code、Incentive mechanism theory,He believes that "the balanced methodology system is based on games、A knowledge system that aims to achieve structural balance in administrative bet365 sign up bonus code, including public choice, interest measurement, and various other legal methods"。

The balance theory of administrative bet365 sign up bonus code advocated by Mr. Luo,It has absorbed the academic resources of Western administrative bet365 sign up bonus code with the goal of regulating and restricting administrative power,Innovatively integrates traditional Chinese people-centered and civil rights thoughts into contemporary administrative bet365 sign up bonus code,Provides knowledge increment for the development of administrative bet365 sign up bonus code with Chinese characteristics。

  Actively promote "soft bet365 sign up bonus code rule"

Climbing a mountain,I could have taken a nap on the floor,Mr. Luo continued to move forward tirelessly。If you say,The theory of balance is to pursue the balance of rights and power from a micro perspective,So the "soft bet365 sign up bonus code" theory that Mr. Luo paid attention to in his later years,It is an effort to seek the unification of national governance and rights protection from a macro perspective。

December 8, 2005,Mr. Luo initiated the establishment of the “Soft bet365 sign up bonus code Research Center” of Peking University bet365 sign up bonus code School;2006,Mr. Luo published "Taking Soft bet365 sign up bonus code Seriously—General Theory of Public Domain Soft bet365 sign up bonus code and Its Practice in China",Proposed propositions such as "soft bet365 sign up bonus code is also bet365 sign up bonus code" and "the rule of soft bet365 sign up bonus code"。Afterwards,Mr. Luo has written more than 20 soft bet365 sign up bonus code articles,Published "Soft bet365 sign up bonus code and Public Governance", "Soft bet365 sign up bonus code and Deliberative Democracy", "Soft bet365 sign up bonus code is also bet365 sign up bonus code - Public Governance Calls for the Governance of Soft bet365 sign up bonus code", "Theory and Practice of Soft bet365 sign up bonus code", "Challenges of Soft bet365 sign up bonus code" and "For Rights" and the Balance of Power—The Construction of Legal China and the Governance of Soft bet365 sign up bonus code" and other works。Among them,"Soft bet365 sign up bonus code is also bet365 sign up bonus code - Public Governance Calls for the Governance of Soft bet365 sign up bonus code" won the first prize in the monograph category of the second "China Legal Outstanding Achievements Award",And received funding from the Chinese Foreign Translation Project of the National Social Science Foundation,Published in the United States in 2013,Published in Russia in 2015,Making waves in administrative bet365 sign up bonus code and public governance research again。

Soft bet365 sign up bonus code theory is an original intellectual contribution to the public bet365 sign up bonus code community in my country。The concept of soft bet365 sign up bonus code first appeared in the field of international bet365 sign up bonus code,But Mr. Luo is based on China’s national conditions and contemporary China’s national governance practices,Introducing the rule of soft bet365 sign up bonus code into the larger scene of national governance。Served as a member of the Standing Committee of the National Committee of the Chinese People's Political Consultative Conference、Deputy Secretary-General、In 15 years as Vice Chairman,Mr. Luo has long been concerned about the phenomenon of soft bet365 sign up bonus code,Especially according to chapter、According to regulations、Governance practices that are governed by convention and consciously observed by all parties,Research material for soft bet365 sign up bonus code and public governance theory。

1990s,Public governance has begun to enter the attention of Western academic circles,At the beginning of the 21st century, it has also become a hot topic in my country’s theoretical circles。With the state-led development、The transformation of the top-down "control-command" management model,Country、Market、Many subjects in society gradually form an open public governance network。Facing such changes,Soft bet365 sign up bonus code theory has modified the concept of "bet365 sign up bonus code",Also completed the reconstruction of the “governance model”。The rule of soft bet365 sign up bonus code is not only concerned with non-mandatory matters、Self-discipline rules,Also emphasizes the full expression of multiple subjects in public governance、Negotiation、Participate in and formulate a consensual governance process,The essence is concern for human subjectivity。

The soft bet365 sign up bonus code theory advocated by Mr. Luo,Advocates "less coercion、More negotiations、Higher Freedom” Deliberative Governance and Public Participation,Oppose "evil laws" disguised as soft laws,Rights will be protected、Achieve good governance as core objective。He once wrote "Confronting the Problems of Soft bet365 sign up bonus code" as the preface to the book "The Theory and Practice of Soft bet365 sign up bonus code",Clearly stated: “The reality that soft bet365 sign up bonus code can be bad bet365 sign up bonus code,Demand that we must put soft bet365 sign up bonus code under the constitution,Must accept the constraints of the relevant hard legal framework,Satisfy the unification of the legal system、Legal reserved、Basic rights protection、Requirements such as the connection between soft and hard methods。”The soft bet365 sign up bonus code theory advocated by Mr. Luo,Integrated his lifelong focus and thinking on public bet365 sign up bonus code and public governance ideological system,Created pluralistic co-governance、Negotiation and consensus、New areas of contemporary public bet365 sign up bonus code research such as flexible governance。

  The original intention of putting people first will never change

Behind every theory of public bet365 sign up bonus code,Everyone has a national theory。Mr. Luo loves the country,This love is reflected in his care for the people,Serving the people is the foundation of our country。Mr. Luo studied the national constitutional system in his early years,Later, he focused on administrative bet365 sign up bonus code theory and system research,Advocating soft bet365 sign up bonus code and public governance in his later years,But what has never changed is his original intention to love the people。2007-2016,Mr. Luo is appointed as the President of the China Society for Human Rights Studies,Worked hard to promote a series of human rights seminars,Leading my country’s human rights research to achieve fruitful results。

Mr. Luo’s concern for human rights theory,Dating back to the 1970s。As early as 1979,Xiao Weiyun、Three gentlemen, Luo Haocai and Wu Xueying, published an article "How Marxism Views "Human Rights" Issues" in the "Red Flag" magazine。1983,Luo Haocai、The book "The Constitution and Political System of Capitalist Countries" compiled by Mr. Wu Xueying based on the lecture notes was published。In the book,Mr. Luo proposed the concept of integrating human rights practice with the actual situation of different countries,Pointed out that “due to different political systems in different countries,Citizenship must also be different。Even countries with the same political system,The content of citizenship rights is not exactly the same,Subject to specific provisions in each country’s constitution”。The book also focuses on the right to peaceful existence、Environmental rights and health rights、Right to know、Right to rest and recreation、New human rights such as the right to euthanasia,Very forward-looking。In addition,Mr. Luo’s research on constitutional bet365 sign up bonus code and administrative bet365 sign up bonus code,Also has a strong background in human rights。1981,Gong Xiangrui、Luo Haocai、The three Mr. Wu Xueying collaborated on the article "Judicial Review System in Western Countries",Pointed out judicial review as an institutional function to achieve constitutional protection and human rights protection;In the process of formulating the Administrative Procedure bet365 sign up bonus code,Mr. Luo emphasized that the administrative litigation system should play the role of protecting the legitimate rights and interests of the counterparty;The "State Compensation bet365 sign up bonus code" was promulgated in 1994,Mr. Luo called it “an important piece of human rights legislation”。

Starting in the 1990s,Mr. Luo integrates human rights concerns into his balanced theory of administrative bet365 sign up bonus code。He proposed,The mission of public bet365 sign up bonus code is "for the balance of rights and power",Regulating and restricting administrative power is an institutional requirement to protect individual rights。2009,Mr. Luo pointed out in "The "Chinese Model" of Human Rights Protection",“China’s human rights rule of bet365 sign up bonus code strives to straighten out two basic relationships,That is, the relationship between rights and obligations and the relationship between rights and power”。2011,Mr. Luo and Comrade Song Gongde published the article "Imbalance and Balance in Human Rights bet365 sign up bonus code",Put forward the proposition that "human rights bet365 sign up bonus code generated and acted in the context of public governance should be a balancing bet365 sign up bonus code"。

Constitution、Balance Theory of Administrative bet365 sign up bonus code、Soft bet365 sign up bonus code theory,These are the pursuits that run through Mr. Luo’s academic journey throughout his life,Integration under the proposition of human rights protection,Outline the academic background of a public lawyer: one who never forgets his original intention、Stick to the mission、People-oriented public bet365 sign up bonus code scholar。

  (The author is a professor at Peking University bet365 sign up bonus code School)

Editor: Zhang Jing
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