China has built a preliminary administrative legal system which
balances administrative efficiency and protection of citizen's
rights, said Cao Kangtai, director of the Legislative Affairs
Office of the State Council on Monday.
The Seventh China-Germany Symposium on Law, jointly launched by
the Legislative Affairs Office of the State Council and the German
Ministry of Justice, was held here with the theme of
"administrative enforcement and protection of citizen's
rights".
Cao said that as of June last year, China had 48 laws and 72
regulations, which formed a basic administrative legal system.
For example, China's law on tax collection management requires
citizens who are in default of their taxes to pay up or the tax
collection administration is entitled to notify the border
administration not to allow them to leave the country.
Another cited example was the regulation on inland river
transport and safety management which states citizens are not
allowed to set fishing nets in inland rivers which are used for
transportation. If the fishing net were found, authorities are
entitled to remove it if the citizen doesn't do so on his own
accord.
"Administrative enforcement is important to efficient
administrative management and to maintaining social order and
protecting citizen's rights. However, if administrative measures
are abused, citizen's rights and interests will be infringed," said
Cao.
China's administrative compulsory measures include define
citizen's freedoms, the closing of business ventures, confiscating
facilities and properties, freezing bank deposits and
securities.
In a bid to prevent governments from abusing their
administrative enforcement power, the country's laws provide
stringent procedures and safeguards.
The Law on Penalties against Public Order Offences entitles
police to hold suspicious money or goods for further investigation,
but they must provide a detailed list to owners who are entitled to
witness the list being made. This is designed to prevent the money
or goods from being embezzled during the investigation.
Cao said that in a bid to further regulate governments in
administrative enforcement, China's legislature, the Standing
Committee of the National People's Congress (NPC), is reading a
draft Administrative Mandatory Law, which nails down the principles
and procedures of administrative compulsory measures and
enforcement.
Cao said the forum will promote legal exchanges between China
and Germany and will deepen the communication and understanding
between legal circles of the two countries.
Brigitte Zypries, German Minister of Justice said that since
China and Germany launched state-level talks on law, relation
between the two countries has been further developed. The ongoing
forum, with the theme of" administrative enforcement and protection
of citizen's right", will further push forward the legal
cooperation between the two countries.
The two-day forum attracted more than 100 officials and scholars
from China and Germany.
(Xinhua News Agency May 23, 2006)