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2017 Annual Meeting of the Comparative Administrative Law Institute of Renmin University of China and the Seminar on Administrative Investigation and Administrative Information Management from the Perspective of Comparative law was held Successfully

On 28th October, 2017, the 2017 Annual Meeting of the Comparative Administrative Law Institute of Renmin University of China and the seminar on Administrative Investigation and Administrative Information Management from the Perspective of Comparative law was held in the meeting room 601 in Mingde Law Building.


Yang Jianshun, Professor of Renmin Law School and the director of the Comparative Administrative Law Institute, Liu Yi, Professor of Administrative Law School of Southwest University of Political Science and Law, Zhang Bufeng, Professor of Minzu University of China Law school, Wang Danhong, Associate Professor of Administrative Law School of Northwest University of Political Science and Law, Xiao Jun, associate researcher of Law Institute of Shanghai Academy of Social Sciences and other experts and scholars from more than twenty universities and organizations including Beijing Foreign Studies University, Beijing Jiaotong University and People¡¯s Public Security University of China attended the meeting. Doctoral students and postgraduates from Renmin Law School also participated in the meeting.

Professor Zhang Bufeng presided over the opening ceremony and Professor Yang Jianshun gave the welcome speech. At the beginning of his speech, Professor Yang Jianshun welcomed the scholars and students who attended the meeting. Then, he put forward six key words, which were youth, common goal, work together, share happiness, responsibility, achievement and gave the eloquent interpretation of these key words. Being young was both the feature and the advantage of the Comparative Administrative Law Institute. To work together in harmony can make us move forward so that the institute would constantly open up new fields. The Comparative Administrative Law Institute had been devoted to studying frontier issues in the academic fields and encouraged everyone to work together and continuously accomplish influential research achievements. To studying administrative law with fun would make us happy. In the new era, each member of the institute should work hard to assume the mission of history and to contribute to the nation. To assume responsibility would make us accomplish achievement. The happiness gained through studying would transform into the intangible and tangible performance of the Comparative Administrative Law Institute. He wished the Comparative Administrative Law Institute would play a greater role based on these key words. The theme of this meeting was Administrative Investigation and Administrative Information Management from the Perspective of Comparative law, which was a leading topic. He looked forward to having a deeper discussion with all delegates.


Another important part of the opening ceremony was the appointment ceremony for the assistant researchers of the Comparative Administrative Law Institute. Professor Yang Jianshun, director of the institute, awarded the letters of appointment for the six assistant researchers, Xie Liyuan, Mo xunzhe, Bi Andi, Sun Ling, Zhang Yuan and Zhang Yingying, and took a group photo with them.


The meeting was divided into three parts, including administrative investigation in administrative process, administrative enforcement and evidence and the information management in administrative process.

Unit1 Administrative Investigation in Administrative Process

This unit was hosted by Professor Liu Yi.

Wang Danhong, Associate Professor of Administrative Law School of Northwest University of Political Science and Law, made a report titled Investigating Power of Procuratorial Organ in Administrative Public Welfare Lawsuit. Associate Professor Wang Danhong Pointed out that in administrative welfare lawsuit, there was no clear legal basis to give the procuratorial organ appropriate power to investigate, and the procuratorial organ only had the right to sue. However, the status of the procuratorial organ in administrative public welfare lawsuit had changed. It was the subject of litigation who had independent right to sue and needed to bear the burden of proof. Moreover, administrative public welfare lawsuit was objective. The procuratorial organ was the litigant in process for whom it was difficult to reach the first-hand evidence. For this reason, the speaker believed that legislation should give the procuratorial organ the appropriate investigating power that matched its status in the litigation. In the process of constructing the system, in addition to guaranteeing the sufficiency of investigating power, it was also necessary to consider the the balance between prosecutorial power and administrative power. In order to eliminate the information barriers between different organs, consideration could be given to building an information sharing platform for administrative law enforcement shared by administrative organs, procuratorial organs and supervision departments.


Ou Yuanjun, Professor of Anhui Vocational College of Police Officers pointed out that it had practical significance to distinguish administrative public welfare lawsuit and traditional administrative lawsuit. The nature of the investigating power of procuratorial organ needed to be further clarified. With the absence of a strong system construction, the speaker¡¯s proposal of building a shared information platform was a good solution for the problem that public welfare lawsuit would exist uselessly.

Yao Jinju, Associate Professor of Beijing Foreign Studies University Law School, gave a report titled Introduction to Investigation Program of the Academic Misconduct in University of Leeds. Associate Professor Yao Jinju thought that laws on academic misconduct in China focused on the procedure of accepting and investigating academic misconduct. In order to investigate the academic misconduct better, it was necessary to learn from the experience of other countries. The relevant system of the University of Leeds reflected the strict attitude of regulating academic behavior. But the informer should follow the procedure to report so as to protect the academic researchers from malicious reporting. University of Leeds emphasized the principle of confidentiality to protect the rights of litigants. Our country should learn from the system, establish the principle of confidentiality and take measures to avoid malicious reporting. Moreover, the identity of the academic committee¡¯s staff who was in charge of accepting the reporting of academic misconduct needed to be further clarified in order to avoid fairness.


He Qian, Associate Professor of Public Administration School of Beijing City University commented that this report were mainly the translation of the investigation procedure of academic misconduct in University of Leeds, which our country should learn from.


Yang Li, the postgraduate of Shanxi University Law School, made a report titled On the establishment of Legal Obligation in Administrative Investigation. Yang Li thought that starting from the relationship between administrative investigation and specific administrative decision, administrative investigation could be defined as the administrative activity for administrative organs to collect information and make specific administrative decision to ascertain facts. In the process of administrative investigation, administrative organs had discretion to discuss the establishment of legal obligation of the administrative investigation. Both the regulations of discretion of administrative investigation and the protection of the rights and interests of the administrative counterpart were worth researching. Finally, the speaker also discussed the rights of the administrative counterpart when administrative organ violated the legal investigation duty.


Zhang Bin, doctoral student of Renmin Law School, commented that the report had a unique perspective and an explicit theme. The report stated involved issue clearly by adopting many profound theories. However, there were still some flaws in the report.


Mo Xunzhe, postgraduate of Renmin Law School gave a report titled On Authority Principle in Administrative Investigation. Mo Xunzhe said that we can make a relatively broad definition for administrative investigation, fully understand the diversity of administrative investigations at different stages of administrative activities from the perspective of administrative process theory and determine nature of administrative investigations according to their specific types. The authority principle was found in different laws and administrative regulations, while the adversary system existed as an exception.


Wang Zhishan, postgraduate of City University of Hong Kong, pointed out that appropriate use of administrative authority was very important. We could refer to the systems of foreign countries.


Feng Weiran, doctoral student of Renmin Law School made a report titled Defects and Relief of Administrative Investigation. The speaker started with raising questions and then discussed the nature and orientation of administrative investigation as the preparation for administrative activities. Then the speaker analyzed the administrative investigation defects and proposed multiple reliefs for administrative investigation defects.


Shi Quanzeng, lecturer of People¡¯s Public Security University of China, commented that the report had a fluent writing style, a novel topic, a clear structure and sufficient reference of works of scholars home and abroad. Shi Quanzeng also suggested that the points in the reporter could be researched further.

Sun Ruiwen, officer of Legislative Affairs Office of Yanqing District People¡¯s Government, commented with Mo Xunzhe¡¯s report and thought that many administrative organs had vague understanding of their own powers and responsibilities in practice. Administrative investigation was difficult and administrative activities, such as collecting evidence and information, were also facing difficulties in reality. Sun Ruiwen suggested that this article should be further developed to combining theory and practice.

Professor Liu Yi, host of the seminar, said this unit discussed the issues which were studied less in the field of administrative investigation. The topics reported by Professor Wang Danhong and Professor Yao Jinju were from the perspective of special types of litigation and Wang Zhishan¡¯s comment had an international perspective.

Unit 2 Administrative Law Enforcement and Evidence

This unit was presided over by Associate Professor Wang Danhong.

Xiao Jun, associate researcher of institute law institute of Shanghai Academy of Social Sciences, made a report titled Exploration and Reflection on Shanghai¡¯s Advance for the Inspection of Administrative Law Enforcement. The speaker thought that the inspection of administrative law enforcement and administrative investigation had a close relationship. In order to supervise the inspection of administrative law enforcement, Shanghai had introduced the administrative law enforcement inspection system with full participation of people¡¯s congress deputies and CPPCC members and promoted actively the case review system. At present, Shanghai¡¯s inspection of administrative law enforcement faced some difficulties, such as high costs, lack of coordination among administrative law enforcement agencies and lack of legal support for evidence collection. The speaker suggested that Shanghai should improve administrative laws and regulations, introduce social participatory governance, encourage citizens to participate in the process of administrative law enforcement and use a variety of administrative checks.


Zhang Juan, Associate Professor of Anhui University Law School, pointed out that the report conducted an empirical research on the inspection of administrative law enforcement in Shanghai and combined the macro theory and micro practice to depict the framework and blueprint of administrative law enforcement inspection in Shanghai. The reviewer also gave some suggestion to the speaker.

Ou Yuanjun, Professor of Anhui Vocational College of Police Officers, made a report titled Analysis of the Legal Attribute of Food Inspection. He thought that the food inspection of food safety supervision department had the legal attributes such as administrative confirmation, administrative investigation and collection of administrative information. The food inspection of food safety supervision department had the natures of civil activities and administrative activities. To improve food inspection, the democratic element can be added to the nature of food inspection and citizens should be given chances to participate in. Independent third party can be introduced as administrative subject to carry out the food inspection. From the perspective of system designing, on the one hand, the right to claim recheck can be given to interested persons; on the other hand, the right to apply for reconsideration should be restricted so as to take into account interests of all subjects.


Lv Wu, Associate Professor of College of Humanities and Law of Northeast Agricultural University, commented that food safety should be attached importance in the process of production and supervision.

Shi Quanzeng, lecturer of People¡¯s Public Security University of China gave a report titled Theoretical Reflection and Promotion of Inspection System of Citizen¡¯s Residence. The speaker thought that the inspection system of citizen¡¯s residence regulated by Provisions on the Procedures for Handling Administrative Cases by Public Security Organs adapted to practical needs. However, inspection system was generally considered by scholars that it violated the requirements of showing working certificates in Public Security Administration Punishments Law of the People¡¯s Republic of China, which needed theoretical reflection. The inspection of citizen¡¯s residence can be divided into inspection under a normal procedure and inspection on the spot. The inspection under a normal procedure was administrative investigation, while the inspection on the spot was a kind of instant compulsory measures. From the perspective of balancing the interests, there was no need for direct compulsory measures, while the inspection on the spot in the face of danger was in line with the conditions of direct compulsory measures.


Gao Weiming, officer of Discipline Inspection and Supervision Department of China General Technology, thought that it was necessary to consider both inspection under a normal procedure and the inspection on the spot in light of legislative objectives.

Huang Shuo, associate researcher of Law and Governance Modernization Research Center of Guangdong Academy of Social Sciences, made a report titled Evidence Credibility and Evidence Transformation in Law Enforcement of Food Safety. The speaker thought legal attribute of the evidence in administrative law enforcement in the field of food safety was different from that in criminal justice. The necessity and impossibility of the transformation between these two kinds of evidence needed to be proved. The legality of evidence was the necessary condition for legality of administrative acts. For the law enforcement agencies of Food and Drug Administrations, the procedure of confirming the evidence needed to be eligible for lawful requirements in administrative laws and departmental administrative laws in the field of food safety regulation. According to different types of evidence, the evidence of law enforcement agencies of food and drug organs should be transformed into the evidence of public security organs through a specific review mechanism.


He Qian, Associate Professor of Beijing City University Public Administration School, thought the report discussed the balance between saving judicial resource and confirming the evidence¡¯s legality and enrich the theories of general administrative law.

In the discussion of this unit, Associate Professor He Qian believed that it was necessary to distinguish the general case and the special case for the inspection of citizen¡¯s residence. Professor Zhang Bufeng discussed whether and how Administrative Compulsion Law of the People¡¯s Republic of China regulated the inspection of citizen¡¯s residence with Dr. Shi Quanzeng.

Unit 3 Administrative Information Management in Administrative Procedure

This unit was hosted by Zhang Bufeng, Professor of Minzu University of China.

Luan Zhihong, Associate Professor of Beijing Jiaotong University Law School, made a report titled On the Subject and Range of Information Disclosure of Railway Government in China. The speaker thought the subsidy given by the state finance to the welfare transportation taskswas in the range of public power. The exercise of administrative power and the regulation basis for the authorization of subsidized funds were regulated by the provisions of public law. At present, there were some problems in our country, such as the unclear responsibilities of the information disclosure of the railway governments, uncertain range of information disclosure of the railway government and imperfect disclosure of the accident information. Finally, the speaker gave some advice to development of government¡¯s information disclosure.


Zhong Juan, Associate Professor of law department of Hefei University of Technology, thought that the topic of this report was based on the practical demand, which had distinctive problem awareness and characteristics of the times. When people enjoyed the speed brought by the rapid development of China¡¯s railway, they had higher requirements for the right to know the railway industry¡¯s service. Associate Professor Zhong Juan also gave some suggestions for improvements.

Peng Bo, lecturer of Xinzhou Teachers University, made a report about his translation, titled Amendment on Administrative Organs Personal Information Protection Law of Japan ¨C a Little Start of the Big Data Age. The speaker said that the protection of personal information had been paid attention to in the fields of criminal law and civil law, but it had not drawn much attention in the field of administrative law. The system of personal information protection in Japan was relatively mature, so we can refer to it when studying administrative law. Mr. Iijima¡¯s article was comprehensive and concise and it was very enlightening for studying Japan¡¯s Personal Information Protection Law.


Xiao Jun, associate researcher of Law Institute of Shanghai Academy of Social Sciences, commented on Mr. Iijima¡¯s article and Peng Bo¡¯s translation.

Fan Zhongxia, assistant researcher of Comparative Administrative Law Institute, made a report titled Research on Several Issues of Public Information Sharing under the Background of National Supervision System Reform. The content of his report were mainly divided into three parts including public information sharing under the background of supervision system reform, main idea of public information sharing and the legal basis and the way to realizing of the public information sharing. Then he pointed some problems which should be paid attention to.


Gao Weiming, officer of Department of Discipline Inspection and Supervision of China General Technology, pointed out that with more effort out into anti-corruption campaign, the public information sharing was carried out under the background of strengthening the anti-corruption power and integrating resources. The entire report was vivid with clear logic, but the last part of the report needed to be researched further. Management was crucial in the process of information sharing and the speaker can give timely constructive comments when problems were discovered.

Tang Ying, doctoral student of Renmin Law School, made a report titled On Mosaic Theory. This report introduced the background and development of Mosaic Theory and reflected whether the public disclosure principle and the third person principle would violate personal privacy. Finally, the report discussed the application of Mosaic Theory would involve the interests balance.


Yao Jinju, Associate Professor of Beijing Foreign Studies University Law School, commented that the report sorted out a large amount of information and emphasized the balance between national security and personal information protection from the perspective of administrative law, which had great realistic significance in modern society. The weakness of this report was lack of the speaker¡¯s own opinions. We needed to pay attention to this problem when writing an academic paper. In addition, there was no separate legislation for personal information protection in China, which was a forefront issue in the research of administrative law.

The closing ceremony was presided over by Professor Zhang Bufeng, secretary general of Comparative Administrative Law Institute and Professor Yang Jianshun, director of the institute, made a concluding speech. Professor Yang Jianshun thanked all the researchers who supported the development of the Comparative Administrative Law Institute and the scholars and staffs attending the meeting. He also spoke highly of the new ideas emerging in the meeting and the courage to explore and discuss the new theory. The annual meeting of Comparative Administrative Law Institute brought members pressure and motivation and provided chances for them to accomplish more achievement. As the theme of the annual meeting, the combination of administrative investigation and administrative information management was a very important issue. We needed to dare to research from the perspective of comparative law with the concept of confirmation, inheritance and development. Finally, Professor Yang Jiansun expected everyone to discuss issues from the perspective of comparative law and get new research achievements.


At 18:20 pm, the meeting was over successfully.

(Editor: Han Ying)

 
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