[Concurrent] Ma Huaide, member of the National Committee of the Chinese People's Political Consultative Conference and president of China University of Political Science and Law
In order to complete the standardization of common administrative behavior proposed in our implementation outline for the construction of a rule of law government, and achieve the legalization of institutions, functions, powers, responsibilities, and procedures, we hope to compile and form a basic administrative code as soon as possible.
[Explanation] On March 8, Ma Huaide, member of the National Committee of the Chinese People's Political Consultative Conference and president of China University of Political Science and Law, accepted an online interview and shared his proposal to compile the Basic Administrative Code as soon as possible.
[Explanation] Ma Huaide pointed out that the discussion of codifying the administrative code had been discussed many years ago, but because the conditions were not available at that time, the government gave priority to the introduction of the administrative procedure law.
In recent years, with the continuous improvement of China's national administrative legal system, especially after the requirement of building a government ruled by law, the conditions for the compilation of administrative codes are gradually formed.
[Concurrent] Ma Huaide, member of the National Committee of the Chinese People's Political Consultative Conference and president of China University of Political Science and Law
Of course, the Basic Administrative Code is not a simple compilation of existing laws, nor is it an overthrow and reinvention of existing laws. It is actually a complete systematization process.
Therefore, we hope that through the compilation of administrative codes, on the one hand, we can form a more complete normative system of administrative laws; Bring all administrative activities into the track of the rule of law.
[Explanation] Ma Huaide said that in terms of feasibility, the conditions for the compilation of administrative law are fully met.
[Concurrent] Ma Huaide, member of the National Committee of the Chinese People's Political Consultative Conference and president of China University of Political Science and Law
On the one hand, we already have the four-beam and eight-pillar related laws of administrative law, such as the Administrative Punishment Law, the Administrative Licensing Law, the Administrative Compulsory Law, the Administrative Reconsideration Law, the Administrative Litigation Law, and the State Compensation Law. These basic laws already exist. On the one hand, we also have related organic laws, and some other basic administrative laws.
[Explanation] The focus of building an administrative law system is to solve practical problems. Ma Huaide pointed out that due to the lack of a basic administrative code, the unified rules of many administrative laws are not based on laws, but on various plans and outlines.
[Concurrent] Ma Huaide, member of the National Committee of the Chinese People's Political Consultative Conference and president of China University of Political Science and Law
Therefore, through the compilation of administrative codes, these central policies, plans, and outlines that have been issued can be elevated to laws and consolidated through the compilation of codes. At the same time, our compilation of administrative codes is also conducive to setting rules and demarcating boundaries for administrative power. , effectively standardize administrative activities, bring all administrative actions into the track of the rule of law, better strengthen administration according to law, and promote the construction of a legal government.
[Explanation] Ma Huaide said that at present, the compilation of the administrative code has already had preliminary theoretical preparations, and we can also learn from the successful experience of the compilation of the civil code and some beneficial experiences from abroad to speed up the compilation of the administrative code.
Liu Chao and Li Jiali report from Beijing
Responsible editor: [Luo Pan]