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Mo Yuchuan: The Government under the Rule of Law Needs Better Judicature: Research and Suggestion of the Amendment of Administrative Procedure Law

Title: The Government under the Rule of Law Needs Better Judicature: Research and Suggestion of the Amendment of Administrative Procedure Law

Author: Mo Yuchuan

Abstract:

With the enforcement of Administrative Procedure Law of the People¡¯s Republic of China, progress as well as flaws and contradiction, and thus many people have been suggesting an amendment. Professor Mo Yuchuan and his young while ambitious team have written the expert proposals twice which were already submitted to the upper level. The proposals emphasize on the pragmatic perspective. The book is based on the expert proposals.

According to the books, the suggestions offered include: adjust the purpose of legislation; replace ¡°specific administrative act¡± with ¡°administrative dispute¡± as the standard of the scope of accepting cases, basic requirement of the right to sue; administrative litigation should expand the scope, simplify the procedure, set up special reserves for compensation and Court order of payment to boost the efficiency; strike a balance between the equality and efficiency of legislation; hold on to the finality of judicial action on Dispute resolution mechanism; bring judicial interpretations that are in accordance with the spirit of the rule of law into legislation; eliminate those judicial interpretations that disobey the spirit of law; reconsider the appropriate role of justice guidance and make proper use of it; create necessary background for the amendment, promote justice, facilitate the construction of the government under the rule of law and achieve the consensus of the community.

It is a crucial subject for the construction of legal system of China to make good amendment and use of Administrative Procedure Law, which has close relationship with the civil right, justice and the construction of a government under the rule of law. During the amending process, the monograph by Professor Mo has significant impact.


(Translator: Fang Xiaoyi)

 
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