After the Constitutional Amendment: Chinese Administrative Law - Proceedings of the 2004 Annual Meeting of the Administrative Law Research Society of the Chinese Law Society

Author: None
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Publish Date: 2005-01-01
Features: The Second Session of the 10th National People's Congress in March 2004 made significant amendments to the Constitution of the People's Republic of China, which immediately drew great attention from the field of administrative law. When studying the theme of the annual conference of the Administrative Law Society in 2004, it is generally believed that this conference should connect the amendment of the fundamental law with the development of administrative law, and take the requirements of the newly incorporated content for administrative law theory and practice as the theme of the conference. Accordingly, the 2004 Administrative Law Conference was titled "Chinese Administrative Law After the Constitutional Amendment," and determined three sub-topics.
The first is the definition of "public interest." The newly amended Constitution mentions "public interest" twice in Articles 20 and 22, stating that the state may, in accordance with the law, expropriate or requisition land for the needs of public interest. In fact, many laws in our country involve the concept of "public interest," but we lack research on this concept. The legal community agrees that "public interest" is an uncertain concept. Despite this, we hope to define an acceptable general outline through discussion.
The second and third topics are compensation and compensation. Linked to the aforementioned concept of public interest, both Articles 20 and 22 of the newly amended Constitution stipulate that compensation and compensation must be provided when land and private property are expropriated or requisitioned. Our country has many provisions on compensation in separate laws, but this is the first time it is raised in the Constitution. Academic research on compensation issues is far from sufficient. Regarding compensation, our country has already formulated the State Compensation Law, but practice has shown an urgent need to revise it in line with the spirit of the new Constitution. Establishing a compensation and compensation system suitable for our country's actual conditions is crucial for protecting citizens' rights and ensuring social harmony. Our theoretical research has lagged far behind practical needs.
The 2004 conference was a much-anticipated, high-level gathering of national administrative law professionals. Over 110 administrative law professionals from universities, research institutions, administrative organs, and courts across the country submitted more than 60 forward-looking and theoretical academic papers. They engaged in, in-depth, and extensive discussions around the three aforementioned themes.