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The 94th Professor Salon: Professor Yang Jianshun and the Reform of the Party and State Institutions

On May 9th, 2018, the 94th Professor Salon was held in Mingde Law Building. Professor Yang Jianshun served as the speaker, delivering a speech entitled ¡°the Reform of the Party and State Institutions: New Issues of Administrative Law¡±. Associate Professor Li Yuanqi served as the moderator. Professor Lin Jia, Professor Zhang Xiang, Professor Guo He, Professor Wang Guisong, Professor Meng Yanbei, Associate Professor Cao Lei, Associate Professor Yao Haifang, Yan Fang, Li Anyue, attended the salon. Experts and scholars from China University of Political Science and Law, Beijing Jiaotong University, Beijing City University, Beijing Law Society, Beijing Municipal Commission for Discipline Inspection of CPC, Beijing Municipal Bureau of Supervision, as well as more than 40 students participated in the salon.



Associate Professor Li Yuanqi warmly welcomed all the attendees. He introduced the subject and background of Professor Yang Jianshun¡¯s speech. On behalf of Renmin Law School, he awarded a memorial plaque to Professor Yang Jianshun.


Professor Yang Jianshun started from ¡°the opportunities and challenges of the Party and State institutions reform¡±. The reform was suggested by Decision of the CPC Central Committee on Deepening the Reform of the Party and State Institutions (hereinafter referred to as ¡°Decision on Deepening the Reform of the Party and State Institutions¡±), whose overall picture was stipulated in the Proposal for Deepening the Reform of the Party and State Institutions, as well as in Xi Jinping¡¯s Explanation on the Decision and the Proposal for Deepening the Reform of the Party and State Institutions. The reform embodied the characteristics of the new era, namely establishing party and state institutions in an overall manner, which included a series of significant moves: the relevant institutions of the party and other authorities with similar functions and closely related thereto may be established in an overall manner and merge together or work together as one office while keeping separate identities; the reform of the party disciplinary inspection system and the national supervision system may be advanced; and etc. Deepening the reform of the party and state institutions was a profound change to boost the modernization of the nation's governance system and governance capability. We shall adhere to: strengthen the overall party leadership; a people-centered approach; promote functional optimization, collaboration, and efficiency of party and state institutions; comprehensive law-based governance. Later, Yang conducted his observation on the implementation of the reform by the National People¡¯s Congress, basically involved two documents: Institutional Reform Plan of the State Council (deliberated and adopted by the National People¡¯s Congress) and the Decision of the Standing Committee of the National People¡¯s Congress on Issues concerning Adjustments to Functions of Administrative Organs Prescribed by Laws as Involved in the Institutional Reform of the State Council (hereinafter referred to as Decision on Issues concerning Adjustments to Functions of Administrative Organs Prescribed by Law as Involved in the Institutional Reform).

Yang believed a series of significant moves in the party and state institutions reform raised new issues for administrative law in these aspects: administrative entity, legal sources of administrative law, jurisdiction of administrative reconsideration, defendant in an administrative action, etc. He also brought about such problems: the political decision and legal status, the reform of ¡°merge together or work together as one office¡± and the theory of administrative entity (the admissibility of administrative reconsideration and administrative action), the reform of national supervision system and the scope of administrative law, and the institutional reform of state council and the development of rule of law for the government. Otto Mayer, one of the founding fathers of modern administrative law in Germany, once said that ¡°constitutional law comes and goes; administrative law is there to stay¡±. However, Yang thought Otto¡¯s proposition shall be revised. ¡°Administrative law is constitutional law made concrete¡±. They shall add radiance and beauty to each other, and jointly support the construction of rule of law for the country. Further, Yang reviewed the reform of the party and state institutions, and looked forward into the future of law-based government. From the perspective of inheriting and developing classic administrative law, we shall ponder the restatement of governmental reform and governmental transformation, as well as the promotion of rule of law for the government. He raised the carry-out approach and basic requirements for building a law-based government. He insisted the reform shall pay attention to procedural innovation and procedural legalization. He believed, the reform of the party and state institutions reform, as well as the new issues of administrative law, required academic support to upgrade thinking and promote practice.

After Yang¡¯s speech, Professor Guo He, Professor Wang Guisong, Professor Meng Yanbei, Associate Professor Luan Zhihong shared opinions and raised questions. Yang made responses.

In the end, Associate Professor Li Yuanqi expressed gratitude to Professor Yang Jianshun for his excellent speech. The professor salon ended in applause.

(Editor: CHEN Pei)

 
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