w88 casino News Network (provided by the Law w88 casino)On the evening of December 24, 2021, Professor Jiang Bixin, the former deputy secretary of the Party Leadership Group, deputy president, member of the Judgment Committee, and second-level justice of the Supreme People's Court, was a guest at the "Shen-Feng" Legal Famous Forum and gave a wonderful lecture on "Administrative Law in the Context of the Construction of a Rule-of-Law China" to the teachers and students of w88 Law.
The lecture was hosted by Professor Wang Jingbo, member of the Standing Committee of the Party Committee and Vice President of the w88 casino. Professor Mei Xiaying, Dean of the Law w88 casino, Professor Bian Yongmin, Vice Dean, Professor Zuo Haicong, Professor Xu Haiyan, Professor Chen Weidong, Professor Li Qingwu, Professor Zheng Yafang, Associate Professor Zheng Haiping, Assistant Professor Kong Xiangwen, Assistant Professor Lou Qiuran, Assistant Professor Man Yishan and nearly a hundred undergraduate and graduate students attended the lecture. The entire lecture lasted approximatelyFor three hours, Professor Jiang Bixin brought an academic feast of administrative law to the teachers and students with his clear and simple explanations.
At the beginning of the lecture, Professor Wang Jingbo first introduced Professor Jiang Bixin’s rich practical experience and academic resume, spoke highly of Professor Jiang Bixin’s practical experience and academic contributions, and expressed his sincere gratitude to Professor Jiang Bixin for coming to w88 casino to give academic lectures. Professor Wang Jingbo pointed out that Professor Jiang Bixin has made significant contributions in promoting the reform of the national trial system and participating in the formulation of the Civil Code with his profound legal foundation and rich practical experience. Professor Jiang Bixin has written numerous books and published academic papers in core journalsMore than 400 articles, which have also made significant contributions to promoting academic research on law in my country.
The theme of this lecture is"Administrative Law in the Context of the Construction of the Rule of Law in China", Professor Jiang Bixin mainly explained it from three levels. First, Professor Jiang Bixin introduced the historical background and characteristics of the construction of the rule of law in China; secondly, Professor Jiang Bixin put forward the new tasks and challenges faced by public administration based on the current historical background; finally, Professor Jiang Bixin focused on explaining how administrative law should respond to the new requirements put forward in the new era.
First, the background and characteristics of the construction of rule of law in China. Professor Jiang Bixin pointed out that the main line of Xi Jinping’s thoughts on the rule of law is to achieve the goal of building a China under the rule of law through the path of comprehensively governing the country according to law, and ultimately achieve the basic goal of building a powerful modern socialist country. In the process of building China under the rule of law, the construction of a rule-of-law government is the main project and needs to be the first to make breakthroughs. The background of building the rule of law in China has the following five characteristics: first, China has moved to the center of the world stage and is facing major changes unseen in a century; second, it is facing severe international competition; third, it is facing unpredictable social risks; fourth, it is facing the rapid development of information, networks, data and technology; fifth, the people's demands for democracy, rule of law, fairness, justice, and a safe environment are becoming increasingly diversified, and their pursuit of a happy life is becoming stronger and stronger.
Second, the above-mentioned era background has put forward six requirements for administrative agencies: First, it requires administrative agencies to administer and act in accordance with the law, and it also requires administrative agencies to be flexible and flexible when dealing with complex situations to solve problems; Second, it requires administrative agencies to provide minimal intervention to protect citizens' freedoms, and it also requires administrative agencies to provide more social security and services; Third, it requires administrative agencies to strictly follow legal procedures In handling affairs, administrative agencies are also required to improve administrative efficiency and reduce unnecessary work procedures; fourth, administrative agencies are required to maintain social order and stability, and also respect individual rights and freedoms; fifth, administrative agencies are required to maintain free market competition, but also ensure fairness and achieve common prosperity; sixth, administrative agencies are required to have legal administrative processes and good work styles, and also require administrative agencies to innovate supervision methods to achieve regulatory goals. Professor Jiang Bixin pointed out that traditional administrative law, namely, administrative organization law, administrative behavior law, and administrative relief law, are unable to respond to the complex and expanding needs of reality. In the context of the new era, administrative law must transform and innovate. Administrative law in the new era needs to seek development space and a way out for the rule of law amid contradictory and conflicting demands.
Third, the response and shift of administrative law. Professor Jiang Bixin pointed out that in the future, administrative law will face the following thirteen aspects of development: first, from focusing on the control of public power to requiring public authorities to actively use power to take care of the people's survival, and realizing a shift from passive power control to active power control; second, from focusing on the stability and certainty of the law to paying attention to the effectiveness of the law; third, from focusing on the legality of administrative actions The fourth is from paying attention to the legality of individual specific actions to paying attention to the legality and legitimacy of abstract administrative actions at the same time; the fifth is from paying attention to legal interpretation to paying attention to legal enactment at the same time, especially paying attention to the correct system selection; the sixth is from paying attention to the power mechanism The seventh is from paying attention to legal norms to paying attention to legal policy and legal systems at the same time; the eighth is from paying attention to typical administrative behaviors to paying attention to atypical administrative behaviors; the ninth is from paying attention to public law means to paying attention to private law means at the same time, and from focusing on a single means to paying attention to the use of multiple means; tenth is from simply focusing on the position The eleventh is from focusing on state regulations to paying attention to non-state regulatory means such as corporate autonomy and public-private cooperation at the same time; the twelfth is from unilaterally emphasizing the powers and responsibilities of administrative subjects to establishing a diversified administrative responsibility distribution system; the thirteenth is from focusing solely on law to paying attention to multidisciplinary contents of social sciences and natural sciences such as sociology, policy, and environmental ecology. Professor Jiang Bixin finally pointed out that future administrative law is not only about meeting legality requirements, but also about the overall realization of multiple values. How to coordinate the conflicts between different values and achieve multiple goals is the higher requirement of the times for administrative law.
During the discussion session, Professor Zuo Haicong expressed that he strongly agreed with Professor Jiang Bixin’s views on the relationship between public law and private law,“Public law has elements of private law, and private law has elements of public law.” Professor Zuo Haicong pointed out that Professor Jiang Bixin’s views are instructive for the study of international economic law. The problems currently encountered by international economic law have many similarities with administrative law. They are also facing major changes unseen in a century and need to respond to many challenges. Practical problems cannot be solved according to the traditional legal framework, and opportunities and challenges coexist.
Professor Xu Haiyan said that Professor Jiang Bixin’s speech not only reflects the connotation of Xi Jinping’s rule of law thought, but also reflects the future transformation direction of administrative law, which is of enlightening significance to civil law scholars. The relationship between civil law and administrative law is very close, and they show in-depth interaction on many issues, such as the invalidation of civil legal acts that violate administrative legal norms, expropriation, administrative factors and civil factors involved in construction land use rights transfer contracts, the nature of government procurement contracts, and the liability of administrative agencies for wrong registrations, etc., which are all worthy of discussion and study.
In the question and answer session, Associate Professor Zheng Haiping asked Professor Jiang Bixin about the specific work content and working methods of the Constitution and Law Committee during the implementation of the Constitution, and how to promote the review of constitutionality. In addition, students participating in the forum also raised many valuable questions, such as the shift in administrative law's attention from legal interpretation to statutory enactment. Is there a tendency towards legislative omnipotence? How should the relationship between Internet platforms, governments and citizens be handled? From controlling public power to requiring public authorities to exercise power more actively, how to balance the two? What is the relationship between constitutionality and legitimacy? Professor Jiang Bixin gave wonderful and detailed answers to the above questions one by one.
At the end of the lecture, Professor Wang Jingbo made a concluding speech. Professor Wang Jingbo pointed out that in the new era, the transformation of administrative law has the following aspects: first, breaking the boundaries of departmental laws and achieving interdisciplinary integration; second, moving from formal rule of law to substantive rule of law, asking what is the true rule of law, justice and equality; third, developing from normal rule of law to emergency rule of law; fourth, looking beyond the law to look at legal issues, having a broader vision, having political thinking and social sentiments, and studying legal issues with economic, social and cultural concerns. The rule of law in China requires continuous struggle from generation to generation. Professor Jiang Bixin is promoting the progress of China's rule of law whether he is working in a practical department or studying. From administrative law to civil law and civil litigation law, he has made academic contributions with a large pen and looked up to the mountains to encourage people to forge ahead. The new generation of students also needs to continue this spirit and work hard for the construction of China under the rule of law.
Through this lecture, the teachers and students of the Law w88 casino of the University of w88 and Economic Cooperation deeply felt the challenges and opportunities faced by administrative law in the new era, and were impressed by Professor Jiang Bixin’s extremely profound and solid professional abilities and rigorous and thoughtful legal spirit. The lecture ended successfully with warm applause from teachers and students.
