Comprehensive Implementation Plan for Promoting Rule of Law in Government Administration

Author: Yuan Shuhong
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 a team of 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 "Reader on the 'Outline for Comprehensively Promoting the Rule of Law in Government Administration'." Professor Yuan Shuhong served as the executive director of the research project on the "Outline for Comprehensively Promoting the Rule of Law in Government Administration" commissioned by the State Council Legal Affairs Office and entrusted to the Administrative Law Research Association of the China Society of Law. The other nine experts and scholars were key members of the research team, directly participating in the formulation process of the "Outline," gaining a deep understanding of its background, accurately grasping the main issues it aimed to address, and profoundly comprehending its core 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 Affairs 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 government and building a rule-of-law government not only holds a pivotal position in strengthening the government's self-construction and building a socialist rule-of-law state but also plays a crucial role in addressing the challenges posed by 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 circumstances, address issues in the promotion of the rule of law in government, and outline the work of comprehensively promoting the rule of law in the coming period, the State Council formulated and promulgated the "Outline for Comprehensively Promoting the Rule of Law in Government 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 in promoting the rule of law in government in recent years, establishes the goal of building a rule-of-law government, clarifies the guiding principles, basic tasks, and requirements for comprehensively promoting the rule of law in government in the next decade, and outlines the blueprint for implementing the rule of law in government. It is a programmatic document for building a rule-of-law government, 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 government and build a rule-of-law government. 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 its spirit, and accurately grasping the systems it stipulates can the "Outline" be truly implemented.
To help everyone better learn and promote the "Outline," Professor Yuan Shuhong, Vice President of the National School of Administration, organized a team of 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 "Reader on the 'Outline for Comprehensively Promoting the Rule of Law in Government Administration.'" Professor Yuan Shuhong served as the executive director of the research project on the "Outline for Comprehensively Promoting the Rule of Law in Government Administration" commissioned by the State Council Legal Affairs Office and entrusted to the Administrative Law Research Association of the China Society of Law. The other nine experts and scholars were key members of the research team, directly participating in the formulation process of the "Outline," gaining a deep understanding of its background, accurately grasping the main issues it aimed to address, and profoundly comprehending its core 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 characteristics:
First, closely aligned with the "Outline," striving for 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":
1. In the introductory chapter, it systematically introduces the basic theories and systems of the rule of law in government, provides a comprehensive evaluation of the legal status and main features of the "Outline," and fully explains the theories and systems on which the "Outline" is based.
2. Chapters 2 and 3 delve into the basic principles and requirements of the rule of law in government, as well as the relationship between the rule of law in government and the transformation of government functions and the reform of administrative management systems, accurately interpreting the guiding principles and institutional foundations of the rule of law in government.
3. Chapters 4–12 elaborate on issues such as the subjects of the rule of law in government, administrative decision-making, administrative legislation, administrative enforcement, government dispute resolution, supervision of administrative power, and the construction of civil servant teams, as well as the establishment and improvement of administrative procedures and emergency response mechanisms for public emergencies throughout the process of the rule of law in government, interpreting the specific provisions of the "Outline" one by one.
Second, directly addressing practical issues, positioning the focus of the book as exploring solutions to practical problems in the rule of law in government. The rule of law in government is not only a legal goal but also a vivid practice deeply rooted in social life. Consistent with the "Outline" being guided by practical issues, this book also takes solving practical problems in the rule of law in government as its starting point and goal. This problem-oriented approach is reflected in two aspects:
1. Conducting an in-depth analysis of the practical problems targeted by the "Outline," accurately explaining how the "Outline" seeks to address these issues through appropriate mechanism design and institutional arrangements.
2. Comprehensively exploring the practical problems that may arise during the implementation of the "Outline" and seriously studying how to effectively prevent and resolve these issues.
Third, broadening perspectives and deepening the theoretical research on the rule of law in government. The theory of the rule of law in government is closely related to but distinct from the theory of administrative law. This book strives to deepen the theoretical research on the rule of law in government while interpreting the content of the "Outline," changing the theoretical model where research on the rule of law in government largely overlaps with research on administrative law, with weak connections to practical administrative law practice. It attempts to establish a new theoretical system for the rule of law in government that is guided by practical problems, focused on real needs, centered on the process of administrative power operation, extended to the basic theories of the rule of law in government at home and abroad, and aimed at building a rule-of-law government. This not only helps the book's content align more closely with the "Outline" and practical realities but also broadens readers' perspectives, opens their minds, and assists them in fully grasping the core spirit and main content of the "Outline."