Role of the government amid globalization—study on the legal system in China

• Main Authors: Cheng-Shu Tsai, 蔡承書
• Other Authors: Xue-Liang Deng
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/71299988935020541714

碩士 === 國立中山大學 === 中國與亞太區域研究所 === 100 === This research uses the five major frameworks of Administrative Law to cover the current challenges the Chinese government faces and proposes recommendations on the legal system. First, in the area of the “basic principle,” I cover the history of the organizational structure, which helps us understand the current problems existing in China. I also discuss how we can make adjustments to the system, reconcile politically and through regulations. Second, lessons from the developed countries also serve as a comparison when I discuss “law compliance,” “procedural justice” as well as “citizen participation.” The aforementioned form the basic principles of this research. Furthermore, when discussing the administrative organization, I propose replacing the traditional rigid organization with the “project based organization” and the “learning organization.” “Accountability” should be promoted to adjust civil servants’ mentalities. Government budget should protect citizens’ fundamental rights and show commitment to fulfilling international obligations in response to the “globalization.” In the topic of “Administrative Competence”, any administrative implementations should go through the administrative investigations to understand where the problem is and to set the “administrative plan” accordingly. Based on the principle of “law compliance,” a sound legislation makes the legislative activities of the government more predictable. Besides the traditional “administrative punishment,” the legislature can choose more equal administrative measures such as “administrative contract,” “administrative guidance,” and “administrative reward” to replace the less equal measures in the past. This research also discusses “administration first,” “pilot,” and “counterpart support”, all of which are unique to China’s legal system. The speedy mechanism with attributes of pragmatism and border-crossing assistance will be beneficial to China’s coping with the challenges coming from the “globalization.” When discussing “Administrative Remedy,” this research suggests protecting diversity in opinions, simplifying the administrative reconsideration process, giving civil servants accountability, expanding administrative proceedings, reducing improper interference from people, expanding state compensation, solidifying the legal procedure for a sound interpretation of the Constitution, normalizing the referendum mechanism. These measures should help China cope with the growing administrative power in the era of globalization, and enhance the principle of “wherever there is right, there is remedy.” Finally, of administrative supervision, we can ensure that the administrative power will remain uncorrupted and that the government will be more efficient and effictive through audit and internal oversight systems, supervision mechanisms from both the legislative and the supervisory power, the public opinion network, and the media. We can understand the challenges China government is facing by analyzing the aforementioned “basic principles,” “administration organization,” “administrative authority,” "administrative remedies" and "administrative supervision." The recommendations in this research can be a reference for China or any other countries when they try to solve the globalization challenges.