V. Administration by Law and Building a Government under the Rule of Law
Administration by law and building a government under the rule of law are essential for the overall implementation of the fundamental principle of governing the country by law. They are basic norms of the Chinese government for its administration. For many years the Chinese government has taken a series of measures to promote the work in a down-to-earth way in this regard. After promulgating the Decision of the State Council on Promoting Law-based Administration in an All-round Way in 1999, the Chinese government issued the Outline for the Implementation of Promoting Law-based Administration in an All-round Way in 2004, specifying the goal of building a government under the rule of law, and setting forth the guidelines and specific targets, basic principles and requirements, as well as major tasks and measures for the full-scale promotion of administration by law in the ensuing ten years. Currently, the administrative powers of the people's governments at various levels have been gradually guided along the track of a legal system; the legal system that regulates the acquisition and operation of government power has taken shape; and significant improvement has been achieved in administration based on the law.
- Legal systems for subjects of administration. In accordance with the stipulations of the Constitution, Organic Law of the State Council, Organic Law of the Local People's Congresses and Local People's Governments, the Chinese government has five administrative levels: namely, the State Council; the people's governments of provinces, autonomous regions and municipalities directly under the central government; the people's governments of autonomous prefectures and cities that have districts; the people's governments of counties, autonomous counties, cities that have no districts, and districts under cities; and the people's governments of townships, townships of ethnic minorities and towns. The Constitution stipulates that the State Council is the central people's government, and is the executive body of the NPC and the highest state administrative organ; local people's governments at different levels are the executive organs of local people's congresses and local state administrative bodies at different levels and local people's governments at all levels are state administrative organs subject to the unified leadership of the State Council.
- Legal systems for administrative acts. First, the administrative licensing system. The Law on Administrative Licensing sets strict limitations and stipulations on the matters and procedures of administrative licensing: Administrative licenses are not required for matters that can be decided by citizens, legal persons or other organizations themselves; that can be effectively regulated by the market competition mechanism; that may be subject to the self-discipline management of trade organizations or intermediary institutions; that can be handled by the administrative organs by means of supervision afterwards or through other administrative methods. The Law on Administrative Licensing also stipulates that the administrative licensing work conducted by administrative organs must be legitimate, open, impartial and convenient for the people, and must not contradict the trust protection principle by altering an effective administrative license without authorization.
Second, the system of administrative expropriation and administrative requisition for use. According to the Constitution and the Property Rights Law, in order to meet the demands of public interest, the state may expropriate collectively owned land, housing properties and other immovable properties owned by entities and individuals according to authorization and procedures prescribed by law. Adequate amount of land compensation fee, relocation subsidy and compensation for attachments on the ground and young crops, etc. shall be paid for expropriation of collectively owned land; social security fees shall be arranged for farmers affected by the land expropriation, so that the livelihood of farmers affected by the land expropriation shall be assured and the legitimate rights and interests of farmers affected by the land expropriation shall be safeguarded. Compensation for relocation shall be made according to law for expropriation of housing properties and other immovable properties of entities and individuals, so that the legitimate rights and interests of the persons affected by the expropriation shall be safeguarded. In the case of expropriation of residential property of individuals, the living conditions of the persons affected by the expropriation shall be assured.
Third, the administrative penalty system. The Law on Administrative Penalties prescribes that where administrative penalties need to be imposed for violations of the order of administration, they shall be prescribed by laws, regulations or rules, and enforced by administrative organs according to the procedures prescribed by relevant laws, regulations or rules. Any administrative penalty that is not imposed in accordance with the law or legal procedures shall be invalid. Administrative organs, upon discovering that citizens, legal persons or other organizations have committed acts for which administrative penalties should be imposed according to law, shall conduct investigation in a comprehensive, objective and fair manner to collect relevant evidence. After an administrative penalty has been decided on, the penalized party shall have the right to apply for administrative review, lodge administrative litigation, or demand compensation in accordance with the law.