On January 13, 2025, Professor Guan Baoying from Shanghai University of Political Science and Law and Professor Wang Qingbin from China University of Political Science and Law were invited to give a lecture on the theme of Dialogue on Administrative Code at the Law School of Southeast University. This lecture is hosted by the Jiangsu Provincial Local Legislation Research Base of Southeast University, presided over by Professor Meng Hongzhi from the School of Law of Southeast University, and attended by Professor Liu Qichuan and Tan from the School of Law of Southeast University. Professor Yang Dengfeng, lecturer Zhang Yunhao, postdoctoral fellow Wei Wensong, and on-the-job associate researcher Zheng Xiaojun from the Law School of Southeast University, special post associate researcher Wang Youhai from Nanjing Normal University, lecturer Hua Ziyan from the Law School of Jiangnan University, postdoctoral fellow Deng Xiwen from China University of Political Science and Law, as well as master's and doctoral students from Southeast University, China University of Political Science and Law, and Northeastern University participated in this lecture.
Professor Guan Baoying elaborated on the legal principles and path of codification of the Administrative Basic Law from two articles: Basic Theory of codification and Legitimacy of the formulation of the Chinese Administrative Basic Law Code. Professor Guan Baoying pointed out that the compilation of a legal code is the process of dividing a country's laws into sections to form a legally binding written document. It is the work of organizing and editing existing laws and regulations to form a legal code. Legalization helps promote political stability and reliability, economic regularity and sustainability, the development of legal civilization and culture, and effective control of social processes. However, there are still four flaws in China's administrative law system, including the lack of legal norms or codes, lack of cohesion with the Constitution, inconsistent logic, and fragmented concepts and principles. The technical route for compiling the Administrative Basic Code includes five aspects: firstly, it is necessary to clarify in concept that the Administrative Basic Code is the fundamental law of administrative law; Secondly, establish the concept and basic principles of administrative rule of law; Thirdly, choose a new administrative basic code system that has a theoretical foundation and can provide theoretical explanations; Fourthly, mature norms such as the Administrative Organization Law and the Six Administrative Laws need to be integrated, with a focus on supplementing missing content such as the Unified Administrative Procedure Law and the Administrative Staffing Law; The fifth is the rules of the supervisory department and local regulations.
Professor Wang Qingbin focused on four issues under the title of Reflections on the Chinese Administrative Code. Firstly, the administrative law system is one of the cores of the rule of law system, and currently there are problems in the field of administrative law such as lack of rules and insufficient systematization. The codification can help solve these drawbacks. Secondly, the formulation of the Administrative Code has already met the basic economic, political, cultural, and legal conditions. Thirdly, the Administrative Code should be positioned as a fundamental norm, forming a clear legal system with the Constitution, separate laws, etc., and distinguished from litigation laws such as the Administrative Procedure Law and the Administrative Relief Law. Fourthly, the Administrative Code should consist of a General Provisions section and a Code of Conduct. Firstly, the General Provisions section should be compiled with administrative legal relations as the main line, clarifying the basic principles, administrative subjects, administrative powers, and other contents of the Administrative Law; The behavior code is arranged according to the logic of behavior, including administrative penalties, administrative coercion, administrative decisions, and administrative agreements.
During the discussion session, Professor Liu Qichuan, Secretary of the Party Committee of the Law School of Southeast University, stated that whether the theoretical accumulation of administrative law research can support the compilation of legal codes still needs to be demonstrated. Overconcentration of resources in compiling administrative codes can also lead to neglect of specific laws such as the Administrative Licensing Law and the Public Security Administration Punishment Law, resulting in resource waste. At the same time, further thinking is needed on how to implement General Secretary Xi Jinping's concept of people's democracy throughout the entire process, clarify the logical relationship between the General Provisions and the Code of Conduct, and ensure the practicality and democracy of the Code.
During the communication session, Professor Yang Dengfeng from the Law School of Southeast University exchanged views on the importance of compiling administrative codes and the content of administrative codes. Shen Binchen, a doctoral student from China University of Political Science and Law, and Du Zhonghao, a doctoral student from the Law School of Southeast University, asked questions about the compilation of administrative codes, which were answered one by one by Professor Guan Baoying and Professor Wang Qingbin.
Finally, Professor Meng Hongzhi summarized the lecture content and expressed sincere gratitude to Professor Guan Baoying and Professor Wang Qingbin for visiting Southeast University. The lecture ended successfully with warm applause.