Construction of a government under the rule of law ? an overview of report on China law development 2014: construction of legal government

• Author: MO Yuchuan, CAO Wei, ZONG Kai
• Pages: 167-196

FRONTIERS OF LAW IN CHINA

VOL. 11 MARCH 2016 NO. 1

DOI 10.3868/s050-005-016-0009-4

DATA ANALYSIS

CONSTRUCTION OF A GOVERNMENT UNDER THE RULE OF LAW — AN

OVERVIEW OF REPORT ON CHINA LAW DEVELOPMENT 2014: CONSTRUCTION OF

LEGAL GOVERNMENT1

MO Yuchuan*, CAO Wei**, ZONG Kai***

At the Fourth Plenary Session of the 18th Central Committee of the Communist

Party of China (CPC), the Decision of the Central Committee of the CPC on Some

Major Issues concerning Deepening the Rule of Law 2014 was passed and delineated

the direction for the research of our nation’s construction of a government under the rule

of law. For years, the government at various levels and administrative agencies adhered

to conducting work on the legal course under the CPC’s leadership, actively promoting

administration according to law, and constructing a government under the rule of law,

and have made enormous achievements. However, there many difficulties still co-exist,

along with challenges and opportunities. By adopting theoretical and empirical research

approaches such as data analysis, normative analysis, interviews and investigations,

questionnaires, counter-measure research, and case studies, this article discusses and

conducted systematic and in-depth research on the theoretical framework of the

construction of a government under the rule of law from macroscopic, to microscopic

aspects. This article outlined the basic contexts and realistic vision for China’s

construction of a government under the rule of law, which can provide active

implementation of the project of construction of government under the rule of law with a

basis in theoretical reference.

* (󲂀) Vice-President of Administrative Law Association of China Law Society; Professor, at School

of Law, Renmin University of China, Beijing 100872, China. Contact: mycmyc@sina.com

** (󰏎) Officer of Chongqing Municipal Public Security Bureau; Ph.D candidate, at School of Law,

Renmin University of China, Beijing 100872, China. Contact: caowei_65@126.com

***

() Lecturer of People’s Public Security University of China; Ph.D candidate, at School of Law,

Renmin University of China, Beijing 100872, China. Contact: zongkaijjy@126.com

1 Entrusted by Professor ZHU Jingwen, Professor MO Yuchuan was responsible for leading a 60-plus

person scholastic team to conduct the dedicated investigations of some difficult or typical topics, fields and

cases in administrative legalization in all provinces, autonomous regions, and some representative locations

and institutions, this is a digest of the partial contents of Renmin University of China Report on China Law

Development 2014: Construction of Legal Government, published by China Renmin University Press in Jun.

2015. This article was translated by WANG Qian, LIU Donghui, KANG Fengxiang, XU Lianli, LI Qiuping

and ZHENG Ning. ZHENG Ning was the proof-reader in chief. The owners of this article herewith would

like to express their heart-felt gratitude to the experts and scholars who participated in the surveys, and

provided their assistance in the compiling of the Report, translating, and proofreading of this work.

168 FRONTIERS OF LAW IN CHINA [Vol. 11: 167

Keywords country under the rule of law, govenment under the rule of law, society under

the rule of law, integrated construction

INTRODUCTION .................................................................................................................... 170

I. PRACTICES AND EXPERIENCES IN THE IMPLEMENTATION OF ADMINISTRATION

ACCORDING TO LAW AND THE CONSTRUCTION OF GOVERNMENT UNDER THE RULE

OF LAW IN KEY AREAS ............................................................................................ 172

A. The State Council and Relevant Agencies ...........................................................172

B. National Quality Supervision and Inspection Agencies......................................173

C. Food and Drug Administration...........................................................................174

D. Ministry of Human Resources and Social Security.............................................175

1. Labor and Employment .................................................................................175

2. Distributions of Wage Incomes ...................................................................... 175

3. Labor and Personnel Disputes .......................................................................177

4. Labor Protection and Occupational Safety.................................................... 177

5. Social Security............................................................................................... 177

E. State Taxation Departments ................................................................................178

1. Strengthen the Sorting of the Taxation Department Regulations and

Normative Documents................................................................................... 178

2. Perfect the Disclosure System of Government Information, and Implement

Publicizing the Government Affairs.............................................................. 179

F. The Management Departments of State Safety Production Supervision .............179

G. Departments of National Environmental Protection and Ecological

Construction .......................................................................................................180

H. Administration of Industry and Commerce ........................................................181

II. EXPERIENCE OF IMPLEMENTING THE LAW AND THE CONSTRUCTION OF THE RULE

OF LAW IN SEVERAL LOCAL GOVERNMENTS......................................................... 182

A. The City of Chengdu Promotes the Construction of a Government under the

Rule of Law by Taking Administrative Approval System Reform as a

Breakthrough Point...........................................................................................182

B. Hunan Province Promotes the Construction of a Government under the Rule of

Law by Formulating and Implementing Administrative Procedures.................182

C. Construction of a Government under the Rule of Law in Shanghai .................183

D. Construction of a Government under the Rule of Law in Harbin.....................185

E. Construction of a Government under the Rule of Law in Beijing from the Point

View of the Practice of Administrative Litigation System .................................185

III. ANALYSIS OF THE SURVEY ON PROMOTING AND CONSTRUCTING GOVERNMENT

UNDER THE RULE OF LAW ..................................................................................... 186

A. Introduction of Questionnaire Design ...............................................................186

B. Cognition and Evaluation of Agency Employees..............................................186