Readers of the Implementation Plan for Comprehensively Advancing Rule of Law Administration

Author: Professor Yuan Shuhong, Editor-in-Chief
Publisher:
Publish Date: 2004-05-01
Features: To help everyone better learn and promote the "Outline," Professor Yuan Shuhong, Vice President of the National School of Administration, organized 10 administrative law experts and professors from institutions such as the National School of Administration, Peking University, Renmin University of China, and China University of Political Science and Law to meticulously compile this "Readership of the 'Outline for Comprehensively Promoting the Rule of Law in Administration'." Professor Yuan Shuhong served as the executive head of the research project on the "Outline for Comprehensively Promoting the Rule of Law in Administration" commissioned by the State Council Legal Office and entrusted to the Administrative Law Research Association of the China Society of Law, while the other nine experts and scholars were key members of the research team, directly participating in the formulation process of the "Outline." They have a relatively deep understanding of the background of the "Outline's" development, a clear grasp of the main issues it aims to address, and a profound comprehension of its basic spirit, main content, and specific systems. In this sense, the interpretation of the "Outline" in this book carries considerable authority. — Cao Kangtai, Director of the State Council Legal Office
Administrative law is an essential component of the rule of law and a fundamental principle for all levels of government. Comprehensively promoting the rule of law in administration and building a government under the rule of law not only holds a pivotal position in strengthening the construction of the government itself and building a socialist rule-of-law state but also plays a very important role in helping all levels of government address the challenges of joining the WTO and economic globalization, establishing a socialist market economy system, promoting the coordinated development of material civilization, political civilization, and spiritual civilization, and comprehensively building a moderately prosperous society in all respects. To further implement the basic strategy of the rule of law, adapt to new situations, address issues in the administration of justice, and make arrangements for comprehensively promoting the rule of law in the coming period, the State Council has formulated and promulgated the "Outline for Comprehensively Promoting the Rule of Law in Administration" (hereinafter referred to as the "Outline"). Guided by the theory of Deng Xiaoping and the important thought of "Three Represents," the "Outline" summarizes the basic experience of promoting the rule of law in administration in recent years, establishes the goal of building a government under the rule of law, clarifies the guiding principles, basic tasks, and requirements for comprehensively promoting the rule of law in the next decade, and outlines the blueprint for the implementation of the rule of law in administration. It is a programmatic document for building a government under the rule of law, marking a continuation and development of great significance. The promulgation of the "Outline" fully demonstrates the State Council's determination to comprehensively promote the rule of law in administration and build a government under the rule of law. Studying, publicizing, and implementing the "Outline" is an important task for all levels of government in the current and future period. Only by correctly understanding the goals established by the "Outline," deeply grasping the spirit it embodies, and accurately grasping the systems it stipulates can the "Outline" be truly implemented well.
To help everyone better learn and promote the "Outline," Professor Yuan Shuhong, Vice President of the National School of Administration, organized 10 administrative law experts and professors from institutions such as the National School of Administration, Peking University, Renmin University of China, and China University of Political Science and Law to meticulously compile this "Readership of the 'Outline for Comprehensively Promoting the Rule of Law in Administration.'" Professor Yuan Shuhong served as the executive head of the research project on the "Outline for Comprehensively Promoting the Rule of Law in Administration" commissioned by the State Council Legal Office and entrusted to the Administrative Law Research Association of the China Society of Law, while the other nine experts and scholars were key members of the research team, directly participating in the formulation process of the "Outline." They have a relatively deep understanding of the background of the "Outline's" development, a clear grasp of the main issues it aims to address, and a profound comprehension of its basic spirit, main content, and specific systems. In this sense, the interpretation of the "Outline" in this book carries considerable authority.
A thorough reading of the book reveals the following three main features: , closely aligned with the "Outline," striving to provide a comprehensive and accurate interpretation of its content. The book is structured according to the system of the "Outline," with a total of 12 chapters divided into three parts to interpret the "Outline": The first part, in Chapter 1, systematically introduces the basic theories and systems of the rule of law in administration, provides a comprehensive review of the legal status and main characteristics of the "Outline," and fully explains the theories and systems upon which the "Outline" is based. The second part, Chapters 2 and 3, delves into the basic principles and requirements of the rule of law in administration, as well as the relationship between the rule of law in administration and the transformation of government functions and the reform of administrative management systems, to accurately interpret the guiding principles and institutional foundations of the rule of law in administration. The third part, Chapters 4–12, explains issues such as the subjects of the rule of law in administration, administrative decision-making, administrative legislation, administrative enforcement, government dispute resolution, supervision of administrative power, the construction of civil servants, and the establishment and improvement of administrative procedures and emergency response mechanisms for public emergencies, in accordance with the process of the exercise of administrative power, and interprets the specific provisions of the "Outline" one by one.
Second, it directly addresses practical issues, positioning the focus of the book as exploring solutions to practical problems in the rule of law in administration. The rule of law in administration is not only a legal goal but also a vivid practice deeply rooted in social life. Consistent with the "Outline's" orientation toward practical problems, the book also takes solving practical problems in the rule of law in administration as its starting point and destination. This problem-oriented awareness is reflected in two aspects: First, it provides an in-depth analysis of the practical problems targeted by the "Outline," accurately explaining how the "Outline" seeks to address these issues through appropriate institutional design and arrangements. Second, it comprehensively explores the practical problems that may arise during the implementation of the "Outline" and seriously studies how to effectively prevent and resolve these issues.
Third, it broadens the perspective and strives to deepen the theoretical research on the rule of law in administration. The theory of the rule of law in administration is closely related to but distinct from the theory of administrative law. The book aims to deepen the theoretical research on the rule of law in administration while interpreting the content of the "Outline," changing the theoretical model where the research on the rule of law in administration is largely identical to the research on administrative law, with insufficient connection to practical administrative law practice. It attempts to develop a new theoretical system for the rule of law in administration that is guided by practical problems, focused on real needs, centered on the process of the exercise of administrative power, extended across the basic theories of the rule of law in administration at home and abroad, and aimed at building a government under the rule of law. This not only helps the book's content align more closely with the "Outline" and reality but also broadens the readers' reading perspective, opens their thinking space, and helps them fully grasp the basic spirit and main content of the "Outline."