Research on the Administrative Environment under the Law

Author: Jin Guokun
Publisher:
Publish Date: 2003-08-01
Features: The author conducted research, analysis, and investigation on the external objective factors that influence and constrain the government's administration according to law. The study systematically examines the political, economic, social, and cultural environments of China's current administration according to law. The author believes that the proposal and implementation of the strategy of governing the country according to law, the promotion of democratic politics, the enhancement of citizens' awareness of rights, the strengthening of legal awareness, the establishment of legal supervision mechanisms such as administrative litigation, and the continuous improvement of the market economy system, as well as the further deepening of reform and opening-up, especially China's accession to the WTO, have created the basic political, economic, and social environment for China to take the path of administrative rule of law. However, the unresolved relationship between the Party and the government, the lack of a constitutional system, the flaws in the administrative system, the shortcomings of democratic institutions, and the weak supervision mechanisms remain political factors that hinder the administration according to law. The management methods left over from the planned economy under the market economy conditions still lead to departmental interests, and administrative management and administrative monopolies make the economic foundation of the administration according to law unstable. The changes in the social organization structure, the wealth gap, and the lack of a civil society create a lack of social foundation for the administration according to law. Distrust in the legal system, the prevalence of personal connections and networks, and even systemic corruption constrain the administration according to law. The feudal hierarchical privileges and the tradition of rule by man, which have lasted for thousands of years, make it difficult to establish the rule of law with the supremacy of law. The systems and concepts of administrative rule of law in Western countries also continue to influence and impact the process of China's administrative rule of law.