Abstract
At its core, a government based on the rule of law is subject to regulation by law in its exercise of power. A government’s mode of operation is closely related to the country’s political system, especially, the governance model of the ruling party. In the early time of New China, the ruling party did not have a definite goal of constructing the rule of law. Instead, it adopted the rule of policy for a considerably long time. It is not until China carried out the reform and opened up to the outside world that the government stepped onto the path of the rule of law under the boost of the market economy. The development of government administration mode, therefore, basically consists of two stages: from 1949 to the time of reform and opening up, and after the reform and opening up.
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Notes
- 1.
Deng Xiaoping, Emancipating the Mind, Seeking Truth from Facts, Looking Ahead in Unity, Selected Works of Deng Xiaoping, Vol. 2, People’s Publishing House, 1978, p. 146.
- 2.
The words in the document of the Communist Party of China are, “To enhance and improve the judicial and administrative law enforcement and law enforcement supervision, maintain social stability, guarantee the economic development and the legitimate rights and interests of citizens. Governments at all levels shall abide by law in performing their duties and handling affairs.”
- 3.
Ying Songnian, The Outline of Administration Based on the Rule of Law, China Legal Science, Issue 1, 1997.
- 4.
Jiang Ping, Professor of the China University of Political Science and Law, said when he recalled on drafting the Administrative Litigation Law in the book entitled Legislation on “Citizens Suing the Government”: “in 1986, ‘market economy’ was not explicitly proposed in China, but a tendency of a shift to market economy appeared. It, therefore, is significant to limit the power of the government. In April, 1987, to celebrate the first anniversary of the General Principles of the Civil Law, the NPC Law Committee, the Supreme People’s Court, the Propaganda Department of the Central Committee, the Ministry of Justice, and so forth held a seminar attended by Wang Hanbin, the secretary general of the NPC Standing Committee and the Director of the NPC Legislative Affairs Commission, Tao Xijin, the chief of the drafters of the old civil code, and the consultants and professors, including me, who participated in drafting the General Principles of the Civil Law. The seminar was evidently more than a celebration. It also looked into the future of the legislation of the civil law and other pertinent laws in China. Honorable Mr. Tao’s remarks drew great attention from the participants. He asserted that about 40 years had passed since the founding of New China, but the legal system had not been established in China. There was “System of Six Laws” in the Kuomingtang period, then how many laws should be included in the new system? He suggested to establish a “New System of Six Laws”, namely the criminal law, criminal procedure law, civil law, civil procedure law, administrative law, and administrative procedure law under the Constitution, among which the first four are available while the latter two are absent. Laws regarding administration, therefore, should be enacted as soon as possible.” Wang Hanbin said in his concluding remarks that Mr Tao’s advice should be given a serious consideration, but we were in lack of the knowledge and experience of legislation of administrative law. He, hence, suggested that a research group of legislation of administrative law, composed of law experts, scholars, the Legislative Affairs Commission of the Standing Committee and the specific entities, including the Supreme People’s Court and the legislative affairs bureaus, be established under the leadership of Mr. Tao, and with the Legislative Affairs Commission taking charge of the specific jobs and expenses. Wang said that he would be the director of the group, while Luo Haocai and Prof. Ying Songnian the deputy directors thereof and that the other members would be Jiang Ming’an, Zhu Weijiu, Jiang Bixin, Xiao Xun from the Legislative Affairs Commission, and the people from the Legislative Affairs Office of the State Council and other departments thereof. It was decided later that making the Administrative Procedure Law be the priority task.
- 5.
The above data are from the Laws and Regulations—Chinalawinfo, URL: http://www.pkulaw.cn/cluster_form.aspx?Check_gaojijs=1&menu_item=law&EncodingName=&db=chl, last access on May 10, 2014.
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Ma, H., Wang, J. (2018). Building a Government Based on the Rule of Law in China, 1949–Present: A Historical Review. In: Building a Government Based on the Rule of Law. Research Series on the Chinese Dream and China’s Development Path. Springer, Singapore. https://doi.org/10.1007/978-981-13-0999-1_1
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DOI: https://doi.org/10.1007/978-981-13-0999-1_1
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