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Building a Government Based on the Rule of LawLegislation of Due Process and Administrative Procedure

Building a Government Based on the Rule of Law: Legislation of Due Process and Administrative... [The traditional Chinese way of administrative management was to “value substance over procedure”. This began to change after the adoption of the Law of Administrative Procedure in 1989. Article 54 of this Law provides: “The People’s Court may annul a specific administrative act entirely or partially if the act was undertaken in violation of legitimate procedure.” Since then, procedure issues of administrative acts have gradually drawn more attention. The Administrative Penalty Law enacted in 1996 was the very first statute in China that regulated operation of administrative acts. It incorporated both substantive and procedural rules and the concept of procedures of administrative act began to be understood and accepted by the public. Public hearing procedure was first established by the Administrative Penalty Law to protect the object of an administrative act, which drew broad public attention and its application gradually expanded in various aspects of administrative practice. The author’s research of current laws and regulations in force.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Building a Government Based on the Rule of LawLegislation of Due Process and Administrative Procedure

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Publisher
Springer Singapore
Copyright
© Social Sciences Academic Press and Springer Nature Singapore Pte Ltd. 2018. The print edition is not for sale in China Mainland. Customers from China Mainland please order the print book from: Social Sciences Academic Press.
ISBN
978-981-13-0997-7
Pages
79 –107
DOI
10.1007/978-981-13-0999-1_5
Publisher site
See Chapter on Publisher Site

Abstract

[The traditional Chinese way of administrative management was to “value substance over procedure”. This began to change after the adoption of the Law of Administrative Procedure in 1989. Article 54 of this Law provides: “The People’s Court may annul a specific administrative act entirely or partially if the act was undertaken in violation of legitimate procedure.” Since then, procedure issues of administrative acts have gradually drawn more attention. The Administrative Penalty Law enacted in 1996 was the very first statute in China that regulated operation of administrative acts. It incorporated both substantive and procedural rules and the concept of procedures of administrative act began to be understood and accepted by the public. Public hearing procedure was first established by the Administrative Penalty Law to protect the object of an administrative act, which drew broad public attention and its application gradually expanded in various aspects of administrative practice. The author’s research of current laws and regulations in force.]

Published: Nov 8, 2018

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