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Symposium on The Basic Issues of Party and State Institutional Reform and Administrative Lawwas successfully held

    On the afternoonof October 26, 2018, symposium on The Basic Issues of Party and State Institutional Reform and Administrative Law, the Institute of Comparative Administrative Law which belongs to the Research Center for Constitutional and Administrative Rule of Law of Renmin University of China, was held in Room 616 of Mingde Law Building. Yang Jianshun, professor of the Renmin law school, and director of the Institute of Comparative Administration Law, hosted the seminar. Experts and scholars from China University of Political Science and Law, Minzu University of China, Beijing Foreign Studies University, People,s Public Security University of China, Guangdong Academy of Social Sciences, Jinan University, Beijing City University, Anhui Vocational College of Police Officers, Anhui Food and Drug Administration, CITIC Trust Co., Ltd., etc, morethan 20 people including doctoral students and master students from Renimin LawSchool, attended the seminar.

         

At the beginningof the seminar, Director Yang Jianshun pointed out that, studying the party and state institutional reform and basic issues of administrative law requires theuse of systematic thinking, highlighting features and themes, and conductingpractical countermeasure analysis. Finding the real problem and making a realstudy on it is the main purpose of the seminar.

    Professor Liu Yi from the Academy of Government under the Rule of Law, China University of Political Science and Law mainly discussed the relationship between the ecological damage compensation system and the reform of the party and state institutions and its existing problems. Professor Liu Yi pointed out that the reform of the state institutions involves political reforms, which are interrelated institutional changes between the various entities of the state, and are the horizontal allocation and readjustment of powers such as legislative power, administrative power, and judicial power. The ecological damage compensation system involvesthe relationship between administrative power and judicial power, and the administrative organ has a new law enforcement means for infringements that damage public interest. This system is closely related to the functional expansion of the Ministry of Ecology and the clearing of functions of the Ministry of Natural Resources. In practice, questions in ecological damage compensation litigation, like the nature, scope, commitment department, relevance between consultation and judicial confirmation of the litigation are still to be further considered and resolved.

Professor Zhang Bufeng, from Law School of Minzu University of China, the Secretary General ofInstitute of Comparative Administrative Law, first reviewed the evolution ofthe relationship between party leadership and government execution from theperspective of party history. In addition, Professor Zhang Bufeng discussed the forms of co-ordination, merger and centralized management in institutional reform. He believes that the impact of these forms on administrative law iscomprehensive. For example, after the management of press and film returned tothe party,s propaganda department, does the central department have the powerto make regulations? How about to legally characterize the documents itpublishes? The local competent authority exercises relevant administrativepowers based on these documents, how are the respondents and reconsideration agencies of the relevant administrative reconsideration defined? What is the basis for the review? Traditional administrative law theory is difficult to cover existing changes, and theoretical changes are needed.

Finally, Director Yang Jianshun summarized the symposium. He pointed out that the basic problem of administrative law is a long-term task. This symposium took this the party and state institutional reform as an opportunity, and the participants conducted in-depth thinking and discussion. We must adhere to the basic position of the scholars. Our research should promote and lead the academic developmentin the right direction, and let administrative law play a greater role innational governance.


(Editor: KANG Bingguo)

 
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