Individual Rights Protection against Administrative Decisions in the People’s Republic of China

Jahrb_OstRin: Jahrbuch für Ostrecht (JOR), issue 45 (2004/1), pp. 89 – 102

The rule of law and legal security are values whose potential has been recognized by the government in the People’s Republic of China for some time. The 1991 constitution already guarantees legal protection against the state to a certain extent. The article shows how this constitutional promise was implemented. In the absence of a general administrative procedural law, the Administrative Procedure Act of 1989, which regulates judicial legal protection, and the Administrative Consultation Act of 1999, which deals with opposition proceedings, are of central importance. The Supreme People’s Court fills the numerous gaps in the law with quasi-normative “opinions” and “explanations. A look at practice shows that the greatest deficiencies are no longer in the normative area, but rather in an application deficit to the detriment of the citizen. The central institutions in Beijing have only limited leverage against this.

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