A Research on the Legislation of Administrative Procedure in Mainland China
Date Issued
2007
Date
2007
Author(s)
Lai, Chu-hung
DOI
zh-TW
Abstract
Allegedly, the tenth Standing Committee of the National People's Congress, P.R.C. has included legislating administrative procedure in the legislation plans and engaged into the study on the law draft proposed by the professionals and scholars from the legislation committee. This shows that the idea of legislating administrative procedure has been adopted and valued by the highest legislature of China. If this legislation processes successfully and is enacted, it’s going to create a huge impact on the China government as another revolution begins whereas it gives a bright sign to the China government to move forward to democratization. This issue should deserve more concern and attention. I have investigated on the relevant problems involved with legislating administrative procedure in Mainland China by studying both on historical and legal facts.
This thesis is divided into seven chapters, and the main idea of each chapter is summarized as following: Chapter one is centered on the definition of purpose, approach, extent and concept as well as the discussion of related documents and theories then further to draw the study outline of this thesis. Chapter two focuses on the legal foundation of modern Administrative Procedure Law as the basic introduction for the next chapters. Chapter three discusses about the external and internal factors that motivate Mainland China to legislate administrative procedure and proceeds to review the development process of related legislations based on historical evidences. Next, it continues to analyze the current situation of the legislation of administrative procedure in Mainland China from two aspects in the form and the content of laws. What connects next is the discussion of the realistic problems Mainland China faces when they try to proceed this legislation. Chapter four offers grand views to dissect the legislation draft designed by China juristic scholars and professionals. Chapter five takes Administrative Permission Law for example to comment on its own system and foundation while inspecting its influence on the government functions from technical perspectives. Also it emphasizes on the plight the Administrative Permission Law faces. Chapter six adopts the comparative study method to analyze the legislation difference between both sides of the Taiwan Strait, especially stressing on the comparison of the process and design of legislation. The last chapter offers suggestions to further related studies and presents discoveries after the research.
As the age of economic globalization arrives and the challenge of transformation of economic system falls upon Mainland China, Administrative Procedure Law is helpful for setting up rules to operate economic markets. Moreover, it can change the administrative management mode and adjust government functions, which forces the administrative staff to obey the disciplines and follow along. However, the Chinese Communist Party’s single-party government ruling is the major difficulty to push the legislation of administrative procedure ahead, and this problem must be solved in the first place. The only way to make this law serve on its own right is when the government administration and the party separate as to diminish the over-central authority in the nation and establish the system to balance the power. In this way, the Administrative Procedure Law can function to its most potential.
Subjects
行政程序法
行政程序法制化
行政改革
行政許可法
依法行政
政府職能
經濟轉型
the Administrative Procedure Law
the legislation of Administrative Procedure
administration revolution
the Administrative Permission Law
legal administration
government functions
economic transformation
Type
thesis
File(s)![Thumbnail Image]()
Loading...
Name
ntu-96-R93341005-1.pdf
Size
23.53 KB
Format
Adobe PDF
Checksum
(MD5):49202ce1f11d6b2f938cdc7ce8046df5