Luo Haocai (1934-2018)，Formerly known as Luo Hao material，Ancestral home, Anxi, Fujian，Born in Singapore。Former Deputy Director of the Law Department of Peking University、Vice President of Peking University、Vice Dean of the Supreme People's Court、Chairman of the Central Committee of the Public Party、Vice Chairman of the National Committee of the Chinese People's Political Consultative Conference。He is the pioneer of Chinese modern administrative law、The founder。Representative works include: "Administrative Law Theory", "Administrative Law", "Executive Trial Issues and Research", "Administrative Procedure Law" (editor)、"The Constitution and Political System of the Capitalist State" (co -operating), etc.。Luo Hao is the direct participant of administrative legislation，It is also a practitioner implemented by administrative laws，When he is the vice president of the Supreme People's Court，In charge of administrative trial work，The chief judge of the "Shenzhen Xiancheng Building Case"，This case has a huge impact in society，An example of becoming the administrative trial work of the people's court。He was the only democratic party in the Chinese judge at that time，It is also the first person to enter the highest judicial hall in China from the highest institution of China。

In the contemporary Chinese legal community，Mr. Luo Haocai is a mountain peak of public law。Mr. Luo’s academic pursuit，Always around the country and society、The relationship between power and rights is expanded。Mr. Teaching in the Law Department of Peking University since 1960，Then he served as the judge、State leaders and other positions，But forever life，His most proud identity，It is also the teaching craftsman of the Peking University School。Regardless of study or participation in politics，Mr. Luo runs for his country，Establish a life for the people; firm heart，soft;，Wen Ru is its own。His academic research involves political philosophy、Constitution、Administrative Law and other fields，Contributed to balance theory、Original academic achievements such as soft law theory，enriched the discourse system and knowledge system of public law research in my country。The main line of the academic thought of Mr. Luo，It is a public law scholar's insistence on the academic mission、Follow the right of people。Using Mr. Luo's favorite sentence summarizes，is "For the balance of rights and power"。

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Mr. Luo initially governing the Constitution，Focus on the constitution and Bet365 app download political system of capitalist countries，Especially the judicial system。1980，He and Gong Xiangrui、Publishing of the "Judicial System of Western Countries" written by Wu Shiying，It is one of the earliest works in contemporary China that studies the legal system of Western countries。

The early 1990s，Professor Luo Haocai actively participated in promoting Sino -US law exchange，Chinese head of the Chinese and American Law exchange projects。1984，Mr. Luo went to the Law School of Columbia University to visit research，Division Professor Gorhhon from the famous public law scientist。When he first arrived at Galhon's office，When talking about your research ideas，Galhon said: "You can study the US judicial review system，But the development of China's administrative law，still need to be combined with the actual situation of China。"The answer made him a bit unexpected，caused his thoughts。

After visiting the United States，Mr. Luo has a clearer cognition of the sense of mission and direction of the rule of law in China。1986，The National People's Congress of the National People's Congress established the "Administrative Legislative Research Group" jointly composed of administrative law scholars and experts of practice department，Drafting of the Administrative Procedure Law，Mr. Luo as the deputy team leader。During the drafting process，The goal of all parties in administrative litigation should be "supervising administrative power" or "protecting the right of relative persons" to generate fierce debate。This controversy laid seeds for Mr. Luo later proposed the "balance theory"。The final fixed manuscript，Legislative purpose is written by the "maintenance and supervision" administrative agency to exercise administrative powers in accordance with the law，This basically reflects Mr. Luo’s idea。During the legislative process，Mr. Luo also proposed the concept of "Examination of Administrative Behavior"，Defined clear legal criteria for maintaining and supervising the administrative power，The core principle of becoming a Chinese administrative litigation system。

In academic research，Mr. Luo Haocai positioned China's administrative litigation system as the "judicial review system"。During the training course of Chinese senior administrative judges at Peking University，Mr. Luo led young teachers and students to write an administrative litigation textbook，Named "China Judicial Review System"。In his opinion，Rich in the administrative procedure law，Involved in Face Wide，But its core is "the court's judicial review of specific administrative actions"，This provides a unique perspective for understanding the Chinese administrative litigation system。

In legal practice，Mr. Luo has always implemented this perspective。June bet365 live casino games 1995，Mr. Luo was appointed Deputy Dean of the Supreme People's Court，The work in charge of administrative trial。During this period，Mr. Luo presided over major administrative cases such as Shenzhen Xiancheng Building Case，I supported Tian Yong's new type of administrative cases such as the Beijing University of Science and Technology，strongly defended and promoted the spread of administrative concepts in accordance with the law，Open a new world for administrative lawsuits。other，Mr. Luo also led the drafting of the judicial interpretation of administrative litigation，The scope of the administrative lawsuit was expanded，Modified the method listed in the past，Become a major breakthrough in the administrative litigation system。

　　Creation of the theory of balance of administrative law

During the formulation of the "Administrative Procedure Law"，The relationship between administrative law and administrative power、The nature and function of administrative law、Basic principles of administrative law, etc.，The argument of whether the administrative law must be "controlled", "bass power" or "both must be guaranteed and controlled"。How should the development of China's administrative law combine the actual situation of China? This is a question that Mr. Luo has been thinking about。

1986，At the "How to Build an Administrative Law System with Chinese Characteristics" at the Legal Construction Magazine of the Ministry of Justice，Mr. Luo said: "There are two main aspects of administrative law，The first is to 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 then proposed the principle of coordination of democracy and efficiency，"The administrative law in our country has two functions，On the one hand, actively guarantee administrative activities，Promoting the improvement of administrative efficiency; on the other hand, the necessary control of administrative organs is negative，Prevent and correct administrative illegal behavior，Guarantee the legitimate rights and interests of citizens "。This constitutes the core proposition of Mr. Luo's "balance theory" of administrative law。

"Balanced Theory" has triggered an academic discussion on the basic value system of the Constitution and the basic value of administrative law。Balanced theory is not only methodology，It is the theory of value: In order to achieve the balance between rights and power，It is necessary to effectively restrict strong power。In this sense，The theory of balance is not "the golden mean" and "reconciliation"，but has a distinctive value -oriented -protection of personal rights。The balance theory advocated by Mr. Luo，Proposal to bet365 best casino games introduce a relationship perspective，Perspective perspective of replacing the "management theory" and "control theory"，Highlight the subject of individuals in administrative legal relations。He proposed: "The relationship between rights and obligations between administrative organs and relative parties，It constitutes the most basic administrative and legal relationship。From opposition to unity between the two、The contradiction process from unbalanced to balanced，History of the development of administrative law。”

Balanced theory is not an academic game，Instead, it can be closely combined with the practice of the rule of law in my country。Balanced theory will ensure administrative management、Maintain administrative order and protect the legitimate rights and interests of citizens、Defending the freedom of citizens into one，Single polarization designed to overcome the system。When discussing the development trend of modern administrative and legal system，Mr. Luo proposed that administrative law should also take into account the two functions of maintaining order and defending freedom，Can't emphasize one party too much and ignore the other。Balanced theory not only pays attention to the target of individual rights protection，Pay more attention to the implementation mechanism of individual rights protection。Considering the serious deficiency of individual rights protection in practice，Mr. Luo took the lead in introducing restrictions in the theoretical research of administrative law、Incentive mechanism theory，He believes that "the balance method theory system is based on the game as the core、Including the measurement of public selection and interests and other various legal methods, a knowledge system designed to achieve the structural balancing of administrative law "。

The theory advocated by the administrative law advocated by Mr. Luo，not only absorbing academic resources that aims to regulate and restrict administrative power in Western administrative law，Innovatively integrates Chinese traditional civilian and civil rights into contemporary administrative law，It provides a knowledge increase for the development of administrative law with Chinese characteristics。

　　Actively advocate the "governance of soft law"

Cross a mountain peak，I can rest on the ground，Mr. Luo does not know tirelessly。If you say，Balance theory is the balance of rights and power from the micro perspective，So the "soft law" theory that Mr. Luo followed in his later years，It is the efforts to seek national governance and rights protection from a macro perspective。

December 8, 2005，Mr. Luo initiated the establishment of the "Soft Law Research Center" of Peking University Law School; 2006，Mr. Luo published "Treat the Soft Law Careful -General Theory of Public Softness Law Bet365 app download and its Chinese Practice"，Proposed propositions such as "soft law" and "governance of soft law"。，Mr. Luo has written more than 20 soft articles，Published "Soft and Public Governance", "Soft and Democratic Democratic Democracy", "Soft Law also Law -Public Governance Calling the Governance of Soft Law", "The theory and Practice of Soft Law", "Challenge of Soft Law", "For Rights", "For Rights" Balance with power -the rule of the construction and soft law of the legal system "and other works。where，"Soft Law also Law -Public Governance Call for the Governance of Soft Law" won the first prize of the "Chinese Law Outstanding Achievement Award" monograph，and get funded by the National Social Science Fund China Foreign Translation Project，Published in the United States in 2013，Published in Russia in 2015，The waves of research on administrative law and public governance again。

The theory of soft law is the original knowledge contribution of the public law community in my country。The concept of soft law first appeared in the field of international law，But Mr. Luo is based on the practice of Chinese national conditions and contemporary Chinese national governance.，Introduce the governance of soft law into the big scene of national governance。In serving as the Standing Committee of the National Committee of the Chinese People's Political Consultative Conference、Deputy Secretary -General、Vice Chairman's 15 years，Mr. Luo has paid a long -term attention phenomenon，Especially according to chapter、According to regulations、Governance Practice in accordance with usual governance and obtain consciously obey by all parties，Research material for transformed into soft and public governance theory。

The 1990s，Public governance starts to enter the western academic circles，At the beginning of the 21st century。With the country's leading、The management mode of "Control -Command" from top -down transformation，Country、Market、Many subjects in society gradually form an open public governance network。Face such a change，The theory of soft law has not only revised the concept of "law"，It has also completed the re -construction of the "governance mode"。Governance of soft law not only pays attention to non -murmical、Self -discipline Rules，It also emphasizes the full expression of diverse subjects in public governance、Consultation、The governance process of participating and forming a conjunction，Its essence is care for the subjectivity of people。

The soft theory advocated by Mr. Luo，Proposal "less compulsory、More consultations、higher freedom "negotiation and governance and public participation，The "evil method" against the soft method of soft method，Will protect rights、Realize good governance as the core goal。He has used the preface of "Face the Soft Law" as the book "Theoretical and Practice bet365 live casino games of Soft Law"，It is clearly proposed: "Soft law may be the reality of evil law，It is required that we must put the soft law under the constitution，Must accept the constraints of the relevant hard method framework，Meeting the unity of the legal system、Legal reservation、Protection of basic rights、Connection of Soft and Hard and Hardy。"The soft theory advocated by Mr. Luo，The ideological system that has been concerned and thinking about public law and public governance，Created a diversified co -governance、Negotiations、New areas of contemporary public law such as flexible governance。

　　People -oriented at the beginning will not be changed

Behind the theory of public law，There is a national theory。Mr. Luo loves the country，This kind of love reflects his care for the people，Serving the people is the foundation of my country's establishment。Mr. Luo studied the national constitutional system in the early years，Focus on the research of administrative law theory and institutional research later，Promoting soft law and public governance in his later years，But what has never changed is the original heart he loves the people。2007-2016，Mr. Luo is the president of the China Human Rights Research Association，Efforts to promote a series of human rights seminars，Leading my country's human rights research has achieved fruitful results。

Mr. Luo's attention to human rights theory，Tattage back to the 1970s。As early as 1979，Xiao Weiyun、Luo Haocai and Wu Shiying, Mr. Wu Paiying published an article "How to Look" in the "Human Rights" in the "Red Flag" magazine。1983，Luo Haocai、Published by the "Constitution and Political System of the Capitalist Country" based on the lectures "。In this book，Mr. Luo proposed the concept of combining human rights practice with the actual situation of different countries，It is pointed out "Different from the political system of various countries，Citizen rights must be different。Even a country with the same political system，Citizenship content is not exactly the same，Specific provisions of the constitution of various countries "。This book also focuses on peaceful survival rights、Environmental rights and health rights、Know the right、Restrictions and recuperation and entertainment rights、New human rights such as euthanasia，Gelasia。other，Mr. Luo's research on the Constitution and Administrative Law，It also has deep human rights background。1981，Gong Xiangrui、Luo Haocai、The three Mr. Wu Xingying collaborated on the article "The Judicial Review System of Western countries"，Pointing up judicial review as an institutional function as a system of constitutional protection and human rights protection;，Mr. Luo emphasized that the administrative litigation system should bet365 live casino games play a guarantee function of the legitimate rights and interests of the counterparty;，Mr. Luo called it "an important human rights legislation"。

Starting in the 1990s，Mr. Luo integrates the attention of human rights into its theory of administrative law balancing theory。He proposed，The mission of public law is "For the balance of rights and power"，Standard and restraint administrative power is the institutional requirements of protecting individual rights。2009，Mr. Luo pointed out in "China Model" in Human Rights Protection，"China Human Rights The Law of the Law is focusing on the 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 imbalance and balance of human rights law"，Proposal propositions that "the human rights law that generates and act in public governance should be a balance method。

Constitution、Theory of administrative law balance、The theory of soft law，These search of Mr. Luo's lifetime learning road，Blending and convergence under this proposition of human rights protection，Qi outline the academic background of a public law scientist: One does not forget the original heart、Persist in the mission、People -oriented public legal person。

　　(The author is a professor at the School of Law of Peking University)