Administrative Law in The People's Republic of China - Law Reform

Law Reform

During the late 1970s and early 1980s, economic reforms called for an expansive role for government, and little attention was paid to administrative law. The 1982 Constitution contained provisions regarded administrative procedures, compensation, and the right to sue. As the Constitution is not directly justiciable, between 1982 and 1988, there were more than 130 implementing laws and regulations which provided for administrative litigation in specific instances. By the end of 1988, the Supreme People's Court had established an administrative law division and more than 1400 local courts had created administrative panels to hear administrative cases.

In 1987, drafting of an Administrative Procedure Law (行政诉讼法) began. The ALL was passed in 1989 and went into effect on 1 October 1990. This law made it possible for individuals to bring a case against the administration and also laid down the relevant criteria and procedures for administrative litigation.

The pace of administrative law legislation increased in the 1990s. In 1990, the Administrative Supervision Regulations (行政检查条例) and the Administrative Reconsideration Regulations (行政复议条例) were passed. Both regulations have since been amended and upgraded into laws. The 1993 State Civil Servant Provisional Regulations (国家公务员暂行条例) changed the way government officials were selected and promoted, requiring that they pass exams and yearly appraisals, and introduced a rotation system. In 1994, the State Compensation Law (国家赔偿法) was passed, followed by the Administrative Penalties Law (行政处罚法) in 1996.