A study on the development of Administrativeanction Law of the People’s Republic of China
Date Issued
2008
Date
2008
Author(s)
Hu, Pin-hao
Abstract
The People’s Republic of China (PRC) enacted the Administrative Sanction Law (ASL) in 1996, which is a significant milestone for the PRC’s legal regime in moving towards rule by law. The ASL is a product of the entire legislative plan following the amendment of the PRC’s Constitution in 1993 which established the market economy and declared rule by law. The purpose of this study is neither to discuss how to interpret the legal texts of the ASL, nor to provide an analysis of its defects, because there has been voluminous literature on these topics. Instead, I observe the national development of the PRC and how the ASL was created and implemented against the PRC’s special political, economic and social backgrounds. I take the approaches of legal study and sociological jurisprudence to interpret the phenomena to grasp the correlation between them and to understand the role change of state when state power operates through the legal system. This thesis is divided into three parts. Part I is the introduction, the purpose of which is to pose the questions. In Part I, I state motivations, purposes, approaches and methods of this study and define questions of this study. I also conduct a literature review on this topic and highlight the core issues and arguments of this thesis. Part II is the main body, the purpose of which is to analyze the questions. In Part II, I explore the legal environment before the ASL was enacted in order to understand the implications for legal rules that national development carries. Following that, I discuss the structure and basics of the ASL, inter alia, a few important types of administrative sanctions so as to have a clear understanding of the legal rules and the whole system of the ASL. Attempting to grasp the features of a legal system that is influenced by national development, I conclude Part II by identifying the characteristics of PRC’s ASL, which includes the reception of foreign laws, the unique Chinese legal mode, and the reality of supervision on administrative sanctions after the implementation of the ASL. Part III is the conclusion, the purpose of which is to solve the questions. In Part III, I explain findings of this study and point out pathways and prospects of future studies. On the whole, there are still inadequacies in the PRC’s ASL, but in spite of that, I consider the ASL a progressive piece of legislation on which the PRC government relies to construct a complete system of administrative law, to realize administration by law, to achieve administrative reforms, and to protect people’s rights and interests. Since its implementation in 1996, the ASL has made some accomplishments that can be seen in the arena of judicial supervision, which also represents that the PRC has made some progress in the direction of rule by law.
Subjects
Administrative Sanction Law of the PRC
Administrative Penalty Act of Taiwan
National development
Chinese characteristics
Judicial supervision
Type
thesis
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