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WTO and China's Administrative Law Construction


Characteristics of the socialist market economic system, combined with China and the WTO agreement Caoan content, with reference to international practice, all levels of the national legislature and state administrative organs at all levels of laws, regulations, departmental rules and regulations to conduct a comprehensive clean-up seriously, modify, improve, lack of coordination between each other, inconsistent laws, amended by the NPC Standing Committee organized. Does not converge on each other in conflict with departmental rules, by the State Council amended. Legislation in accordance with the principles of law and legal principle of giving priority to retain. To strengthen democratic participation in the executive and legislative procedures. Project, drafting, rolling run provision, experts, listen to opinions of the masses, meeting, the Conference adopted, signed and promulgated, should be strictly in accordance with procedures to safeguard the impartiality of the executive and the legislature, consistency and feasibility. Second, government functions according to law. According to the principle of statutory functions and powers, compiled by the Central Office, Organization Department, Ministry of Personnel, the State Council Legislative Affairs Office, Ministry of Foreign Trade Negotiating Group on this world, legal experts and relevant departments attended, followed the pattern of China's socialist market system, in the light of international practice State agencies, government departments relocate administrative functions, and legislation. Function adjustment, the government shifted from unlimited government limited government, to strengthen social and public affairs management functions. Adjust through changes in the law authorized the functions of government departments, a clear mandate. A power can only be granted to an executive body, involving two or more terms of reference of the matter, we should focus authorized by law in which an organ and functions to prevent cross-powers conflict. Rationalize government functions, improve the efficiency of administration according to law. Focus on macroeconomic regulation, and create a fair and orderly market environment, and reduce government administrative examination and approval of economic affairs, so that enterprises have become the mainstay of the market, competitive and orderly, creating a clean and efficient, well-coordinated and standardized administrative system. The third issue in practice, strengthen the rule of administrative law procedures. The rule of law was significantly different from the rule of man is characterized by the statutory procedures. For a longer history of feudal society, civil contract, equality, rights awareness is weak, Of the executive and legislative procedures, administrative review procedures, administrative planning procedures, administrative contract procedures, administrative licensing procedures, administrative monitoring procedures and administrative enforcement procedures standardization, harmonization amendments, perfect. Use of statutory procedures to monitor the executive administration according to law, to prevent their dereliction of duty, the more jobs or abuse of authority, protection of the clients in the program, the entity's legal rights. Fourth, the rule of law and social security funds. All levels of government funding for fiscal legislation and enforcement must be protected. Governments at all levels in its annual budget to be formally included in the legislation funding the preparation and enforcement funding. Protection of its legislation the cost of law enforcement activities, which is the protection of its executive, legislative and administrative enforcement of fair basis. Fifth, maintain and regulate market order. Market economy and accession to WTO are required to change the functions of local government as soon as possible, standardize government behavior, the main force of government to create a fair and efficient market environment up. The central government should strengthen the local government leadership and constraints, the reform of monopoly industries to increase efforts to combat trade monopoly, breaking down local blockade, the parties brought to justice violations and local (sector) leaders. Can not open a temporary monopoly on the industry, to divest its administrative and enforcement functions. The use of laws, regulations take strong measures to ensure unified and open the country to establish a large market and healthy development. Sixth, strengthen the rule of administrative law and WTO knowledge training. Especially for local party leaders and the executive principal responsible comrades,[link widoczny dla zalogowanych], to the knowledge of administrative law knowledge and training in WTO. Administrative departments responsible comrades before arrival, to the department administrative enforcement of laws, regulations, rules and administrative procedures according to the study and training, so that should be known, only after passing the examination performance of their duties. Local party and government leaders take the lead in the main study of law, and consciously accept the Government's code of conduct for education. WTO to strengthen the study of knowledge, at all levels of management within the department of foreign trade with the relevant laws, trade professionals, thematic study of the WTO, and is responsible for handling trade disputes after this world. Local government management of its leadership to adapt to this world and after the change, the mainstream of WTO member countries to follow the implementation of trade liberalization and fair competition, national treatment, mutual benefit and non-discriminatory criteria such as market economy. The essence of market economy, rule of law and economy, to improve administrative rule of law, in accordance with international practice, and promote the system of government innovation, the rule of law in our country at all levels of government administration after the Entry requirements to adapt to the challenges of adapting to economic globalization trend. (The author: CPC Hebei Provincial Committee, Deputy Secretary-General) Editor Linna