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Research Paper | Law | Mongolia | Volume 11 Issue 1, January 2022 | Popularity: 4.6 / 10

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Chinese Administrative Law and Its Reform

Yesui Tumurbaatar

Abstract: China's system of administrative law is still in development, closely interrelated to both China's developing political system and to the changing role of the Chinese state in economic governance. When we think about administrative law, the law as being connected to the political system of checks and balances, as courts apply the administrative law to restrict executive action. However, we know that China's system rejects separation of powers, checks and balances. We also consider administrative law as protecting individuals or private entities against government action, yet the Chinese government's obligation to individual rights and a legally protected private sphere is uncertain. Therefore, we believe in administrative law as associated with transparency, a vibrant, knowledgeable civil society, and political pluralism; but we recognize that China's government approach to information and the role of non-governmental organisations can be extremely restrictive. Many scholars often say that the economic development of China demands the ?rule of law? to constrain government administration. Therefore, China has appreciated outstanding economic development for the past two twenty years and is now believed to be growing too quickly, while employing a fundamental system of administrative law. Chinese executives and scholars consider administrative law as an essential mechanism for transforming traditional governance models and increasing the predictableness, openness and fairness of China's vast regulatory administration in its dealings with citizens, businesses, and other organisations. China's World Trade Organizations assurances to market-based regulatory reforms further encouraged momentum towards those ends. This essay will discuss deeply how China's Administrative Law Development promotes reform by analysing case studies before concluding.

Keywords: administrative law, Chinese law, reform

Edition: Volume 11 Issue 1, January 2022

Pages: 221 - 223

DOI: https://www.doi.org/10.21275/SR22103125233

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