The NPC Deliberated The Administrative Compulsory Law To Restrain The &Nbsp Of The Government; The Differences Were Too Big For 8 Years.

The public power of the government, especially Administrative coercion Behavior should be clearly defined by procedures and legally binding.

From the National People's Congress, the twentieth session of the Standing Committee of the eleven National People's Congress held today to 22 will continue to consider the draft administrative compulsory law, which is the fourth consideration of the bill in 8 years.

At the seminar on "administrative compulsory legislation" involving lawyers and scholars in Beijing recently, the participating jurists and lawyers appealed earnestly that the administrative coercive law, which had been delayed for more than ten years, should be issued as soon as possible this year.

Experts say that the reason why the law is important is that many compulsory administrative acts such as forced demolition and forced repatriation rely on this Law and the further administrative procedure law to further reduce it. social contradictions 。

According to informed jurisprudence, the law was slow because of differences and legislative power.

Zhan Zhongle, a professor at Peking University Law School who drafted the law, said that the relevant laws such as administrative coercive law and administrative procedure law are expected to be speeded up this year.

Prevention of abuse of public power

Mr. Xia Nan, a lawyer of the Beijing Huayi law firm, explains, literally, that administrative coercion law seems to be used by administrative organs to force citizens, but in fact, on the contrary, the Administrative Coercion Law is mainly used to "restrict and standardize government power", and stipulates the setting right, exercise procedures and relief procedures of administrative coercive behavior.

"Administrative compulsion" is closely related to every citizen. Xia Nan, for example, said that before the Sun Zhigang's detention and repatriation case, a citizen was suddenly told to leave the country after the customs. The compulsory quarantine quarantine during major epidemics, as well as the reeducation through labor, the treatment of mental patients, the vicious demolitions and so on, all belong to the category of administrative coercion. It is no exaggeration to say that many important public opinion events in the past 10 years have been linked to administrative coercion. Even if you just sit at home every day, administrative coercion may come to you. For example, because of foreign visitor inspection, the community police take the initiative to find you, so that nearby residents do not open windows, do not put out their heads and so on, are all administrative coercion.

Zhejiang University law school research group has made a statistics, from 1949-1999 to 50 years, there are 263 kinds of administrative coercive types. Before the administrative enforcement law has been promulgated, the relevant provisions of these administrative coercive acts are scattered in various departments and regulations.

This is also the disadvantage. "It is like an administrative organ to write a red headed document on its own and enforce its own enforcement procedures, and the legislator and the law enforcement company." Xia lawyer pointed out.

During the two sessions this year, Wu Bangguo, chairman of the Standing Committee of the National People's Congress, mentioned in the report of the Standing Committee of the National People's Congress that the administrative enforcement law under consideration by the Standing Committee has clearly defined the administrative power, the main body and the relevant procedures. It requires that the administrative compulsion be established, which must be assessed in advance and implemented regularly. It will regulate, restrict and supervise administrative coercive acts, avoid and prevent abuse of power, and give the administrative organs the necessary coercive means to ensure that the administrative organs perform their duties according to law.

Resistance from government departments

The draft administrative compulsory law was drafted in 1999 and submitted to the National People's Congress for consideration three times in 2005, 2007 and 2009.

A jurist who did not want to be named admitted to the newspaper that in general, a draft legislation has not been included in the NPC Standing Committee's deliberation for two years and will become a discarded case. The law will be restarted every two years, no doubt in order to connect with it. Limitation of deliberation However, due to the differences between them, the formal introduction is not yet available.

A jurist who participated in the discussion said that every legislative discussion would be debated. Scholars, on the other hand, were all on the side. "The administrative license law" has abolished the "convenience" of many administrative organs, and some administrative organs are not willing to further restrict their enforcement of the "administrative enforcement law". Xia Nan said.

In this regard, Zhan Zhong Le, a professor of Law School of Peking University who has continued to participate in administrative legislation in China for more than 20 years, agrees. He said in a previous expert seminar on the draft law that the law had not yet been published, one of which was the resistance from the government and relevant departments. There are still some major differences between government departments, government departments and people from all walks of life.

"Specifically, the right to administrative punishment, the setting of Xu Kequan and the compulsory power, who has the right to decide whether the ministries themselves can set up, whether local governments or local laws and regulations have the power to set up are all issues to be discussed." Zhan Zhong Le further pointed out that in the procedure, what rules should be observed in the exercise of administrative penalty, coercive power and permission, and whether the legislature should assign power to a certain part of the rules to the executive authorities or to the relevant legal departments to do so needs careful discussion.

In addition, the "administrative procedure law" is still needed in the administrative compulsory law. The administrative procedure law, which has been drafted by the ten National People's Congress, is still in the process of discussion.

Xia Nan bluntly stated that the distinction between public power and civil rights of state organs should be clearly marked in terms of law. "If we let ourselves go, it must be the expansion of the public power of the executive authorities to civil rights, and it is definitely not the expansion of the opposite direction of civil rights."