Rule of Law in China by Lin Li & He Tian & Yanbin Lv

Author:Lin Li & He Tian & Yanbin Lv
Language: eng
Format: epub
ISBN: 9789811365416
Publisher: Springer Singapore

In order to prevent power abuse, the principle of the separation of powers is generally followed in the setup of national institutions. The legislative power, administrative power and judicial power are separately exercised by different institutions. In terms of the administrative power, the decision-making power, execution power and supervisory power are also distinguished internally, that is the so-called “administration trisection system”. Appropriate separation of administrative powers internally may realize mutual restriction and coordination of powers, prevent public servants from power abuse, and improve administrative efficiency.

After the reform in 2003, Shenzhen launched the “administration trisection system” reform again in 2009. Based on the requirements for mutual restriction and coordination of decision-making power, execution power and supervisory power, Shenzhen Municipal Government named its 31 work departments as “committee”, “bureau” and “office” respectively. “Committee” mainly assumes functions of making policies, plans and standards and supervising the execution of these policies, plans and standards; “bureau” primarily takes on execution and supervisory functions; “office” typically assists mayors to handle special affairs and has no independent administrative functions. At the same time, “bureaus” of the same type were made connected with “committees”. Some “offices” were made contacted with the General Office of the Municipal Government.

Shunde also followed the principle of separating administrative decision-making power from execution power in the institutional reform in 2009. For example, Shunde separated the function of transportation construction from the administration function of the transportation bureau and made the two functions undertaken respectively by the newly constructed “district land construction and water conservancy bureau” and the “district environment, transportation and city management bureau”. The newly established district culture, sports and tourism bureau was no longer responsible for culture and sports licensing, comprehensive cultural law enforcement and tourism market supervision, and these responsibilities began to be undertaken by the newly established district market safety supervision bureau. Shunde also promoted independent supervision, made the newly established district political affairs supervisory and auditing bureau co-work with the district disciplinary inspection committee, and conducted independent supervisions over administrative institutions. The institutional reform of Shunde was characterized by “upward transfer of decision-making power”, “downward transfer of execution power” and “external transfer of supervision power” so as to realize “democratic decision-making”, “concentrated execution” and “independent supervision”.

6.Make Innovations in Operation Mechanism

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