Administrative law in China

Administrative law

General principles

* Administrative court
* Delegated legislation
* Exhaustion of remedies
* Justiciability
* Judicial interpretation
* Ministerial act
* Ouster clause
* Prerogative writ
* Certiorari
* Habeas corpus
* Mandamus
* Prohibition
* Quo warranto
* Rulemaking
* Ultra vires

Grounds for judicial review

* Fettering of discretion
* Legitimate expectation
* Nondelegation doctrine
* Procedural justice
* Natural justice
* Due process
* Abuse
* Fundamental justice
* Speedy trial
* Proportionality
* Unreasonableness
* Wednesbury
* Patent unreasonableness

Administrative law in
common law jurisdictions

* Australia
* Canada
* Singapore
* South Africa
* United Kingdom
* Scotland
* United States

Administrative law in
civil law jurisdictions

* China
* Mongolia
* Ukraine

Related topics

* Constitutional law

* v
* t
* e

Politics of China

Leadership

Leadership generations
Succession of power

* Hu–Wen Administration (2002-2012)
* Xi–Li Administration (2012-2017)
* Xi's general secretaryship (since 2012)
* 4th Leadership Core: Xi Jinping
* 20th Party Politburo: Xi Jinping
* 14th State Council: Li Qiang
* Current state leaders
* Current provincial leaders

Party and state leaders
Orders of precedence

* Paramount leader: Xi Jinping

First lady: Peng Liyuan

* Communist Party leader: Xi Jinping
* State representative: Xi Jinping
* Head of government: Li Qiang
* Congress Chairman: Zhao Leji
* Conference Chairman: Wang Huning
* Commander-in-chief: Xi Jinping
* Politburo Standing Committee longest-serving members

Related systems

* Unified power
* Democratic centralism
* Collective leadership
* Organization Department
* Elections
* Civil service

* Constitution
* Law

* Constitution

Previous constitutions

* 1954
* 1975
* 1978

* "People's democratic dictatorship" (Article 1)

* Democratic centralism (Article 3)
* Constitutional oath of office (Article 27)
* Protection of human rights (Article 33)
* Freedom of religion (Article 36)
* Highest state organ of power (Article 57)

* * *

* Chinese legal system
* Civil law tradition
* Socialist law tradition
* Laws
* Legislation Law
* List of statutes

* * *

* General Principles of the Civil Law (to 2020)
* Civil Code (from 2021)
* Marriage Law
* Labour law
* Labour Law
* Labour Contract Law
* Property law
* Property Law
* Intellectual property law
* Patent law

* * *

* Administrative law
* Administrative Procedure Law

* * *

* Criminal law
* Capital punishment
* Capital offences
* Death sentence with reprieve

Communist Party

History

* Principal leaders

Constitution and ideology

*     * Admission Oath (Article 6)
* Socialism with Chinese characteristics

* Communism
* Marxism–Leninism
* Mao Zedong Thought
* Deng Xiaoping Theory

Primary stage of socialism
Four Cardinal Principles
* Three Represents
* Scientific Outlook on Development

Harmonious Socialist Society

* Xi Jinping Thought

Chinese Dream
* Democracy
* Whole-process people's democracy

Organization

*     * National Party Congress (20th)
* Central Committee (20th)

General Secretary (list)

Xi Jinping
* Central Politburo (20th)

Standing Committee (20th)

* Central Secretariat (20th)
* First-ranked secretary: Cai Qi
* Central Military Commission

Chairman: Xi Jinping

Vice Chairmen:

Zhang Youxia, He Weidong
* National Security Commission

Chairman: Xi Jinping

Vice-Chairman:

Li Qiang, Zhao Leji, Cai Qi

Office Chief: Cai Qi

* Comprehensively Deepening Reforms Commission

Director: Xi Jinping

Deputy Directors:

Li Qiang, Wang Huning, Cai Qi

Secretary-General: Wang Huning

* Financial & Economic Affairs Commission

Director: Xi Jinping

Deputy Director: Li Qiang

Office Chief: He Lifeng

* General Office

Director: Cai Qi
* Office of the General Secretary

Director: Han Shiming
* Central Guard Bureau
* Central Guard Unit
* Office of the Central Secrecy Commission
* Organization Department

Head: Shi Taifeng
* Central Commission for Discipline Inspection (20th)
* Standing Committee (20th)

Secretary: Li Xi
* Commission for Discipline Inspection of the Central Military Commission

Secretary: Zhang Shengmin
* Central Leading Group for Inspection Work

Leader: Li Xi

* * *

* Provincial committee
* Standing committee

Secretary
Deputy secretaries
* Party group

National People's Congress (14th)

* Elections
* Democracy
* System of people's congress
* Standing Committee (14th)
* Council of Chairpersons

Chairman: Zhao Leji

Vice-Chairpersons

Top-ranked: Li Hongzhong
Secretary-General: Liu Qi
* Special Committees
1. Ethnic Affairs
2. Constitution and Law
3. Supervisory and Judicial Affairs
4. Financial and Economic Affairs
5. Education, Science, Culture and Public Health
6. Foreign Affairs
7. Overseas Chinese Affairs
8. Environmental Protection and Resources Conservation
9. Agriculture and Rural Affairs
10. Social Development Affairs
* Presidium

State representative

*     * President (list): Xi Jinping

* Presidential Office

Chief: Han Shiming
* Vice President: Han Zheng

Executive organ

*     * State Council (Central People's Government)
* Li Qiang Cabinet

Premier (list): Li Qiang

Vice-Premiers (list)

* Ding Xuexiang
* He Lifeng
* Zhang Guoqing
* Liu Guozhong

State Councilors

* Wang Xiaohong
* Wu Zhenglong
* Shen Yiqin

Secretary-General: Wu Zhenglong

* Cabinet-level departments
* National Development & Reform Commission
* Central bank
* National Audit Office
* General Office

Secretary-General
Deputy Secretaries-General
* State-owned Assets Supervision & Administration Commission
* most Central Enterprises

Military organ

*     * Central Military Commission (CMC)

Chairman (supreme commander):

Xi Jinping
Vice Chairmen:

* Zhang Youxia
* He Weidong

Members:

* Liu Zhenli
* Miao Hua
* Zhang Shengmin

Departments:
1. General Office

Director: Zhong Shaojun
2. Joint Staff Dept.

Chief: Liu Zhenli
3. Political Work Dept.

Director: Miao Hua
4. Logistic Support Dept.

Director: Zhang Lin
5. Equipment Development Dept.

Director: Xu Xueqiang
6. Training and Administration Dept.

Director: Wang Peng
7. National Defense Mobilization Dept.

Director: Liu Faqing
8. Discipline Inspection Commission

Secretary: Zhang Shengmin
9. Politics and Legal Affairs Commission
10. Science and Technology Commission
11. Strategic Planning Office
12. Reform & Organizational Structure Office
13. Int'l Military Cooperation Office
14. Audit Office
15. Offices Administration Agency
National armed forces:

People's Liberation Army

Theater commands
People's Armed Police

1st Mobile Contingent
2nd Mobile Contingent
China Coast Guard
Militia
* State Council

National Defense Mobilization Commission

Chairman: Li Qiang

Ministry of National Defense

Minister: Dong Jun

Ministry of Veterans Affairs
State Administration for Sci., Tech. & Industry for National Defense

Military history
* Armed conflicts
* Military modernization
* Military reform since 2015
* CMC Leading Group for Military Reform

Leader: Xi Jinping

Supervisory organ

*     * National Supervisory Commission

Director: Liu Jinguo

* * *

* Corruption in China
* Anti-corruption campaign since 2012

* * *

* Independent Commission Against Corruption (Hong Kong)

* * *

* Commission Against Corruption (Macau)

Judicial organs

*     * Supreme People's Court

President: Zhang Jun

People's Courts Judicial Police
* Supreme People's Procuratorate

Procurator-General: Ying Yong

People's Procuratorates Judicial Police

* * *

* Judiciary of Hong Kong
* Court of Final Appeal
* Department of Justice
* Prosecutions Division
* Law enforcement in Hong Kong
* Disciplined Services
* Security Bureau
* Hong Kong Police Force

* * *

* Judiciary of Macau
* Court of Final Appeal
* Public Prosecutions Office
* Secretariat for Security
* Macau Security Force
* Unitary Police Services [zh]
* Public Security Police
* Judiciary Police [zh]

United front

* System of multi-party cooperation and political consultation
* Political Consultative Conference
* National Committee (14th)

Chairman: Wang Huning

Vice-Chairpersons

Top-ranked: Shi Taifeng
Secretary-General: Wang Dongfeng
* Political parties:

CCP (ruling)

United Front Work Department

Head: Li Ganjie
Democratic parties

* RCCK
* CDL
* CNDCA
* CAPD
* CPWDP
* CZGP
* JS
* TDSL

Historical parties:

* KMT
* CDSP
* YCP

* Federation of Industry and Commerce
* People's organizations

* Law enforcement

* CCP Central Politics and Law Commission

Secretary: Chen Wenqing

* Enforced disappearance
* Ministry of Public Security

Minister: Wang Xiaohong

Public Security Organs People's Police
* State Immigration Administration
* Local public security bureaus
* Ministry of State Security

Minister: Chen Yixin

State Security Organs People's Police
* Ministry of Justice

Minister: He Rong

Judicial Administrative Organs People's Police
People's Armed Police

1st Mobile Contingent
2nd Mobile Contingent
China Coast Guard
* Bureau of Prison Administration [zh]
* Office for Safeguarding National Security

* * *

* Urban Management (chengguan)

Propaganda

* Central Leading Group for Propaganda, Ideology and Culture

Leader: Cai Qi

Deputy Leaders: Li Shulei, Shen Yiqin

* Central Guidance Commission on Building Spiritual Civilization

Director: Cai Qi

Deputy Director: Li Shulei

* Publicity Department of the Chinese Communist Party

Head: Li Shulei

* General Administration of Press and Publication
* China Film Administration
* State Council Information Office
* China Daily
* Ministry of Culture and Tourism
* National Radio and Television Administration
* China Media Group
* China Central Television
* China Global Television Network
* China National Radio
* China Radio International
* Xinhua News Agency
* Reference News
* China News Service
* People's Daily
* Global Times
* China Today

* * *

* Censorship in China
* Great Cannon
* Great Firewall
* Overseas censorship
* Radio jamming
* Media of China
* Internal media
* International communication centers
* Publishing industry in China

* * *

* Internet in China
* Internet censorship
* Central Cyberspace Affairs Commission

Director: Cai Qi

* Cyberspace Administration of China

Director: Zhuang Rongwen

* Hong Kong
* Macau

* Central Leading Group on Hong Kong and Macau Affairs

Leader: Ding Xuexiang
* HK & Macau Affairs Office

Director: Xia Baolong
* Hong Kong Liaison Office
* Macau Liaison Office
* One country, two systems
* Special administrative regions

* * *

* Hong Kong Basic Law
* Chief Executive: John Lee Ka-chiu
* Hong Kong SAR Government
* Politics of Hong Kong
* Pro-Beijing camp
* Pro-democracy camp
* Independence movement
* Mainland & HK CEPA

* * *

* Macao Basic Law
* Chief Executive: Ho Iat-seng
* Macau SAR Government
* Politics of Macau
* Mainland & Macau CEPA

Cross-strait relations

* Cross-strait relations
* Chinese Civil War
* One China
* Political status of Taiwan
* Republic of China on Taiwan
* Taiwan Area
* "Taiwan Province", PRC
* Taiwan independence movement
* Anti-Secession Law
* Economic Cooperation Framework Agreement
* Cross-Strait Service Trade Agreement
* Chinese unification

* * *

* Central Leading Group for Taiwan Affairs

Leader: Xi Jinping
Deputy Leader: Wang Huning
* Taiwan Affairs Office

Director: Song Tao
* Association for Relations Across the Taiwan Straits

Foreign relations

* Central Foreign Affairs Commission

Director: Xi Jinping
Deputy Director: Li Qiang
Secretary-General: Wang Yi
* Ministry of Foreign Affairs

Minister: Wang Yi
Spokespersons
Diplomatic missions

* * *

* Diplomatic missions of China / in China

* * *

* Foreign aid from China / to China
* International Development Cooperation Agency
* Ministry of Commerce
* Exim Bank of China
* China Development Bank
* Belt and Road Initiative
* Silk Road Fund
* Asian Infrastructure Investment Bank
* BRICS
* New Development Bank

* * *

* Ministry of National Defense
* International Military Cooperation Office

* * *

* NPC Foreign Affairs Committee
* CCP International Department
* State Administration of Foreign Experts Affairs
* Overseas Chinese Affairs Office

* * *

* Chinese nationality law
* Chinese passports (Hong Kong; Macau)
* Visa requirements for Chinese citizens (Hong Kong, Macau)
* Visa policy of China (Hong Kong; Macau)
* National Immigration Administration

* * *

* Five Principles of Peaceful Coexistence
* Panda diplomacy
* Beijing Consensus
* Community of Common Destiny

* * *

* China and the United Nations
* China and the World Trade Organization
* Shanghai Cooperation Organisation

* * *

* China–Africa relations
* China–Arab relations
* China–Caribbean relations
* China–European Union relations
* China–Latin America relations
* China–Pacific relations
* China–Russia relations
* China–United States relations

Related topics

* Administrative divisions
* Chinese information operations
* Ethnic minorities
* Family planning
* Hukou system
* Human rights in China
* Chinese intelligence activity abroad

China portal

* Other countries

* v
* t
* e

Administrative law in the People's Republic of China was virtually non-existent before the economic reform era. Since the 1980s, The People's Republic of China has constructed a new legal framework for administrative law, establishing control mechanisms for overseeing the bureaucracy and disciplinary committees for the Chinese Communist Party. However, many have argued that the usefulness of these laws is vastly inferior in terms of controlling government actions, largely because of institutional and systemic obstacles like a weak judiciary, poorly trained judges and lawyers, and corruption.

## Law reform

[edit]

During the late 1970s and early 1980s, economic reforms called for an expansive role for government, and little attention was paid to administrative law. The 1982 Constitution contained provisions regarding administrative procedures, compensation, and the right to sue.[1] As the Constitution is not directly justiciable, between 1982 and 1988, there were more than 130 implementing laws and regulations which provided for administrative litigation in specific instances.[2] By the end of 1988, the Supreme People's Court had established an administrative law division and more than 1400 local courts had created administrative panels to hear administrative cases.[3]

In 1987, drafting of an Administrative Procedure Law (行政诉讼法) began. The APL was passed in 1989 and went into effect on 1 October 1990. This law made it possible for individuals to bring a case against the administration and also laid down the relevant criteria and procedures for administrative litigation.[citation needed]

The pace of administrative law legislation increased in the 1990s. In 1990, the Administrative Supervision Regulations (行政监察条例) and the Administrative Reconsideration Regulations (行政复议条例) were passed. Both regulations have since been amended and upgraded into laws. The 1993 State Civil Servant Provisional Regulations (国家公务员暂行条例) changed the way government officials were selected and promoted, requiring that they pass exams and yearly appraisals, and introduced a rotation system. In 1994, the State Compensation Law (国家赔偿法) was passed, followed by the Administrative Penalties Law (行政处罚法) in 1996.[citation needed]

## Administrative litigation

[edit]

The Administrative Procedure Law (APL), also known as the Administrative Litigation Law (ALL), allows parties to bring suit when their lawful rights and interests are infringed by a specific administrative act of an administrative organ or its personnel.[4] It has provided an avenue for citizens challenging administrative actions since 1989.[5]: 8

According to the law in China, a plaintiff refers to an individual, a legal person, or other lawful organizations, whose rights have been directly affected by a defendant, viz. a public authority or its employee exercising public powers. This position has, however, experienced reformation and expansion by the Supreme People's Court's interpretation of law and the introduction of public interest litigation. A plaintiff is now guaranteed the right of access to a court, right to counsel, right to motion for conflict out, etc. These rights are to be exercised lawfully and should comply with the rules and instructions laid down by the courts. Since all the parties are equal before law, a defendant or a third person is guaranteed similar rights and also subject to similar obligations. A few differences, however, exist among them as well.[6]

Several Chinese dissidents have invoked administrative law. In 1991, Guo Ruoji, formerly a professor at Nanjing University, sued the Communist Party committee of his university for stripping him of his professorship and banning him from travelling abroad. Both the Nanjing Intermediate Court and the Jiangsu Provincial Supreme People's Court ruled against Guo, on the grounds that acts of the Chinese Communist Party is not an administrative organ. Several other dissidents filed similar lawsuits against the government and the CCP. In 1993, Yuan Hongbing, a professor at Renmin University in Beijing, sued the university's CCP committee for banning a book he had edited, The Tide of History, which attacked leftist orthodox views. In 1998, Li Weiping, a Wuhan-based dissident, used the administrative law to sue the head of the city's Public Security Bureau for the seizure of his passport.

In 2014, The Administrative Litigation Law was amended to lower the burdens on those challenging administrative actions.[5]: 8

As of at least 2024, the trend is that businesses rarely challenge administrative or regulatory agency decisions.[5]: 55–56 Businesses that timely accept regulatory decisions typically receive significantly reduced penalties or sometimes immunity.[5]: 56

## Administrative reconsideration (review)

[edit]

Administrative reconsideration offers a number of advantages over litigation under the Administrative Litigation Law. First, administrative reconsideration is free of charge.[7] Second, administrative reconsideration bodies may consider both the legality and appropriateness of administrative decisions.[8] Third, parties may challenge not only the specific act, but in some cases the abstract act on which it is based.[9]

## Supervisory organs

[edit]

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In 1986, the Ministry of Supervision was restored and in 1993, it was merged with the CCP Discipline Committee system. In 1990, the State Council passed the Administrative Supervision Regulations, which were subsequently amended and upgraded to a law in 1997.

The ministry and its subordinate bodies function somewhat like ombudsmen in other jurisdictions. Supervisory organs are charged with overseeing government and administrative officials and their appointed personnel. Whereas courts are generally limited to examining the legality of administrative acts, supervision organs may look into the appropriateness of administrative decisions. Supervisory organs may conduct discovery on administrative departments and officials, issue injunctions to cease acts in violation of law or disciplinary rules, and temporarily remove or seal evidence, among other powers.

## References

[edit]

1. ^ Constitution of the People's Republic of China, Article 41 (1982).
2. ^ Lin Feng, Administrative Law: Procedures and Remedies in China (Hong Kong: Sweet & Maxwell, 1996) at 8–9.
3. ^ Lin, note 2 at 116.
4. ^ APL, Article 2.
5. ^ a b c d Zhang, Angela Huyue (2024). High Wire: How China Regulates Big Tech and Governs Its Economy. Oxford University Press. ISBN 9780197682258.
6. ^ Jianlong, Liu (April 1, 2011). "ADMINISTRATIVE LITIGATION IN CHINA: PARTIES AND THEIR RIGHTS AND OBLIGATIONS" (PDF). NUJS Law Review. Retrieved January 3, 2015.[permanent dead link]
7. ^ Administrative Reconsideration Law, Article 39.
8. ^ ARL, Article 3(3).
9. ^ ARL, Article 7.

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