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The 89th Professor Salon: Professor Mo Yuchuan and China's Administrative Legal System Reform

On June 14th, 2017, the 89th Professor Salon was held in Mingde Law Building, which was entitled China's Administrative Legal System Reform: Legal System Transformation, Participation in Administration and Democratic Administrative Law. The speaker was Professor Mo Yuchuan. Professor Yang Jianshun chaired the salon. Professor Liu Kongzhong, Professor Han Liyu, Professor Wang Zongyu, Professor Yin Shaoping, Professor Wang Chunyan, Professor Wang Guisong and students attended the salon.

Professor Mo Yuchuan made clear that the democratic administrative legal system mode was the object of China's legal transformation, and the realization of China's legal transformation needed participation in administration. Then in four aspects, he did a complete exposition of this view point.

Firstly, Professor Mo Yuchuan believed that administrative democracy was the requirement of further promoting the administration according to law and speeding up the construction of a law-based government. Professor Mo analyzed the general concept and the long history of democracy. He compared the differences between traditional administrative law and democratic administrative law, and summed up the three major trends in the development and transformation of administrative legal system in China: democratization, refinement, and sinicization.

Secondly, Professor Mo Yuchuan pointed out: public participation was a new trend of public management and a new requirement of public law democratization. The Fourth Plenary Session of the Eighteenth Central Committee put forward public participation in common governance and promoted multi-level and multi-field management according to law. Such practice had emerged in China. For example, after 2008 Sichuan earthquake, government rescue team and civilian volunteers provided disaster relief side by side. Japan also had relevant systems, such as the popular fire drill civil and commercial cooperation (PPP) projects.

Thirdly, Professor Mo Yuchuan introduced the macro background, basic concepts and legal values in democratic administrative legal system mode. The trend of political democratization in the second half of the 20th century and its influence on economic management and social management made the participation of citizens in administration a new goal of systems. Participatory administration not only had its academic value, which was to expand the academic vision of administrative law research and to promote the formation of new administrative legal system, and also had its practical significance. The participatory administrative legal mode helped to promote the development of administrative democratization in our country and to improve the relationship between the administrative organs and citizens; helped the administrative management innovation and the administrative efficiency enhancement; helped to promote the construction of a law-based government.

Finally, Professor Mo Yuchuan talked about the institutional manifestation, theoretical support and development direction of the democratic administrative legal system mode. The democratic mode was widely embodied in administrative decision-making, administrative legislation, administrative law enforcement, administrative supervision and administrative relief. At the same time, democratic mode also required ideas to be updated and systems to be innovated. The ideas included the concepts of constitutional supremacy, respect for human rights, administrative democracy, administrative service, government credit, administrative transparency, procedural rule of law, supervision and rights relief.

After the speech, teachers and students had a heated discussion. Professor Mo Yuchuan made responses to raised questions. Moderator Yang Jianshun made comments on the speech and awarded Mo a commemorative plaque. The salon ended in the warm applauses.

(Editor: CHEN Pei)

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