Reflecting the development of administrative law

[Abstract]: Administrative Law is to pay close attention to the social reality of the Law. The historical Development of administrative Law in China is being affected by religion, morality, theory and ideology, the combined effects. Because there view on the efficiency of the errors in the Development of contemporary China by the administrative Law block. Thus, we need to re-examine the history of the Development of administrative Law, in-depth analysis of the lesion where the administrative and legal system, reflect the shortcomings of system design issues and legal practice, legal systems paradigm remodeling, updating and Efficiency, and eventually Administrative Law in order to promote philosophical thinking into the Development process.

[Keywords]: administrative law concept of rule of law and legal system efficiency

First, the Development of administrative law microform

From the "divine right of kings", "Yanchufasui" era along the way, through the "disenchantment" of the baptism, as a human society begin to address their basic human rights, the legal Civilization of mankind gradually began to move toward universal era. In this process, the rulers and the people have never stopped the game. Tracing the source, the ruler of the legal development of the management of people, most of what we now call administrative law. can be said that the history of administrative law is the right man for the natural history. Administrative Law to the rational process rights of a person's cognitive process is gradual.

(Of a religious and moral

Christian law in Western countries, Arab countries, Islamic law, Buddhism in India and Southeast Asia early impact of the law by the people familiar. Religious advocates to seize the person's self-serving nature of this most fundamental, the creation of the world to come, eternal life and the concept of heaven great beauty and large good values, by the people trust. [1] In the West, Christianity implanted in the human soul in the spirit of faith and religious feelings, the formation of the Western rule of law laid the foundation of religion. Christianity in the West almost completely dominated the Middle Ages people's spiritual world, even higher than the effect of church law secular law. Most people believe in God, faith is a mysterious depths of the soul from the bottom of feelings of the people, it comes from people eager to work with the world of the unknown awe. in the human nature of the original self-powered, the belief will not easily with the living conditions and the surrounding environment is changed, a certain aloofness. In most cases, to God, the law of this Church Steady faith, which makes people vulnerable in a quiet and peaceful state of mind to accept the authority of the Church the sacred message.

Historically, the Chinese people for more rational psychology of religious belief. In the separation of church and traditional Chinese religion there has always been dependent on politics, religion is the basic tool of politics. In the Xia and Shang Dynasties, the then ruler of the trial by oath , Union, curse the legal form of the ceremony of establishment of the internal contact with the divine judge. It is with the West's "ordeal", are primarily the people of God and use of psychological control by the people to achieve their behavior psychological constraints enhance the binding rules and judicial authority. ancient Chinese political philosophy contains such a theory that attention to the law as penalties to ensure stability and safeguard the public interest above that of private interests and even a measure to guide the monarch himself. AD 4th century AD 3rd century theory advocated by the rule of law, legalism is the monarch above the law of another kind of man, by the time the Legalist theory of moral limitations. However, in addition to the emperor, the concept of equality before the law have reflected recognition of the seeds of human rights, the emperor himself only by clan law and "God" punished. [2] and the West is different is that the eyes of Chinese rulers is the day of God, that he is the "life and your "The Son of Heaven, and consciously to the emperor in the name of God into the Conventional morality, and thus the arbitrary use of the parents to the legal system among the basic blend of executive power together with the imperial power, the Chief Executive is the executive heads of both judge dynasties to be continued. Thus, abstracting from the concrete ethical administrative law, as moral psychology and the public has a direct echo, and gradually accepted by the public.

(B theory and ideological intervention

Until the Qing Reform Movement, China began Research on administrative law, mainly administrative law of foreign countries began to introduce theory. [3] Republic of China, the introduction of Western countries rely on administrative law and in Three People's Principles, the five guiding concept for the separation of powers , the creation of a localized system of .1932 on Chinese administrative law enacted an Administrative Procedure Law of China history. It should be said, such a scene, for the enlightenment of Administrative Law in China is extremely important.

New Era of China, especially in the 1950s, China basically ideological nation-building and copied the Soviet model, which makes the construction of the administrative law misled by the bias, including the social sciences, including philosophy once fell into the era Zhdanov . [4] was due to "legal nihilism" and "class struggle" effect, as with other branches of law, administrative law and administrative law has been ignored. countries mainly rely on executive orders and state affairs in the pArty's document management . After the Third Plenary Session of China's Administrative Law and Administrative Law has been the rapid development of 1983, New China's first administrative law textbook <<Administrative Overview>> and the first administrative law theory books <<Administration legal theory, the problem of>> the promotion of Chinese administrative law teaching and Research, the establishment of administrative law doctrine, the popularization and development of great significance for administrative law. Since then, 1989 <<French Administrative Law> "was Written marks the publication of the Chief of China Law into the development stage, in the year, China <<Administrative Procedure Law>> promulgated and implemented.

Since 1983, China's administrative law administrative law scholars on the value orientation of different positioning. Several theories, there is the theoretical ideal type, citing the Western status quo of the theory and the theory of compromise. That ancient administrative executive- organization management, do not attach importance relative to the rights, the theoretical basis of "management theory." emphasized that the modern administrative law relative to the rights of security Administration, as limited as possible executive management, its theoretical foundation is the "right of control." and that the modern administrative method, in essence, is the pursuit of the executive and the overall balance of rights and obligations relative to side, the theory is based on balance theory. {1} However, the existing <<Administrative Procedure Law>> of view, then followed the former Soviet Union lawmakers last mode of management on the theory. seen 90s of last century, in the process of exploring the rule of law, administrative law really is used for the country to play a role in its management. From the subsequent three decades of reform and opening up the legislative, the executive Legislation Legislation of the total number of accounts for nearly half, covering the management of the main aspects of social and economic. [5]

Second, the administrative law of the lesions diagnosed

Since reform and opening, along with economic development, China accelerated the pace of legislative work. At the same time there have been many legislative issues, especially the Executive and Legislative there were many problems can not be ignored, sectoral legislation, interest groups, legislative and other Criminal phenomena occur. Since the efficiency of the abuse of the term in the political field, "efficient", "high efficiency" is equivalent to "fast", the efficiency of administrative law concept of fuzzy understanding emerged, which led to the development of resistance of the Administrative Law stagnation.

(A concept of efficiency, errors'

Since reform and opening up, administrative law efficiency in the development process of differences exist, and the efficiency of the resulting confusion has affected the process of administrative and legal system, including a representative of the efficiency of the concept include the following two.

1. The efficiency of the Executive and Legislative Outlook quickly and easily. For the government, "could not stronger than the law" is pArt of the reform and opening up people's ideas. Just from the management of the urgency of the run, it is the stArting point unreasonable, but the legislation was technical and legislative capacity of legislators fall far short of the requirements of science legislation. In view of such efficiency under the guidance of the drafting of the various depArtments are scrambling to draft legislation once the phenomenon of prosperity. authorities thought mostly war powers, war preparation, war organizations, and even leaders in charge of related depArtments are also considering expanding the actual power. Some departments have neither the field of legislative Research, expert advice, and no legislative constraints, led to the proliferation of legislative resources . Some ministries and resources of its own separate legislation, or even simply to start their own business, pocketed the benefits of the law, but also interfere with the healthy operation of the market. [6] These companies rely on their own executive power, most income diverted by corruption Some also left a huge debt. In order not to affect the authority of the authority and the normal operation, but also the development of relevant national laws digestion, decomposition, apportionment-related debt, and even affect the financial firms, some of the normal operation of large state-owned enterprises , also led to the reduction of judicial authority.

2. Executive and legislative efficiency in multi-level concept of separation of powers. A typical example of such a concept of efficiency is the abstract administrative acts as the identity emerging township, county, municipal, provincial and political port port four of the party are involved in the administrative file Right division. the judiciary at all levels of red tape had become a problem and the bottleneck constraining economic development. These official documents from the main decision-making role is to determine the terms of the monopoly of resources, set the administrative examination and approval, limiting market liquidity and access to form There are laws and policies, countermeasures under the file of orders and prohibitions of the state, this state continued until around 2001. [7], but <<Legislation Law "> after the sub-provincial cities, provincial capitals, large cities and ministerial regulations, there are some confusion. Rather, in the administrative legislation, because the legislative confusion, legislation, backward technology, interest groups and other causes of corruption legislation and national resources, energy and waste. which to some extent, causing economic costs and political costs.

High costs of these additional requirements to pay our profound reflection. At the same time the welfare of citizens of the concept of the development of administrative law put forward new requirements. The welfare of citizens and social development should progress together. After three decades of reform and opening up the moment in China, livelihood of citizens of the basic necessities of life has been non-simple. education, health care, employment, environment, social security, public welfare, income distribution and other services have entered a livelihood perspective. However, the environment, education, health and food safety are becoming increasingly prominent, rights to strike, the group of law-related events occur frequently. These phenomena show that the welfare of citizens requested could not be reasonably met. However, the welfare state era in China, almost every improvement of people's livelihood the government needs to look to the positive as It also put forward higher requirements of administrative law.

(B executive power and paradox of citizenship vary

Government to pursue the required efficiency and the welfare of the people are a paradox, which led to between the executive power and Civil conflicts. Reform and opening up of the "western system in" strategy of creating a powerful economy and the new Chinese economy generation, so that the Civil rights of ordinary people greatly diminished. [8] Administrative Law to be a good mediator in this conflict should begin a thorough analysis of the basic causes of this contradiction, to find a solution to the problem.

1. Depth analysis of the executive power and the conflict between Civil rights, rooted in the regulation of ownership of national wealth. Socialist public ownership of production in language likely to be considered to be a virtual home concept. Because the people is a political concept, and described here Citizens of ownership has nothing to do with specific, easily understood by citizens for the production of the accumulation of wealth, in addition to their outside income, wealth distribution and taxes are nothing to do with their own interests, state officials legally responsible only to higher levels, because in their minds ordinary citizens are recognized for their work, in fact, has nothing to do with their pay, from a practical point of view of economic operation, the law described in the "state" is neither "all the people", not "all the ruling party." Thus, This contributed to the actual virtual set of state property.

Some of the administrative law had a choice, "western system in" so that the virtual home of the holders of state property by some unlawful appropriation of power. The use of national clean-up party and government organs, the armed forces to start a business opportunity, transfer of assets to their own name, the use of restructuring, etc., on their own to grasp the advantages of executive power, adopt a "zero-buy" in order to take advantage of assets, the non-performing assets left to the government, using false, "foreign capital" and other merger control with scarce resources, state-owned enterprises, continued to make legal income, some financial, securities and insurance industry officials to achieve the "right hatching rate", the direct resigned to become entrepreneurs or senior managers, the use of foreign exchange, immigration, Civil service management, etc. administrative law loopholes, the output of the families and assets abroad, avoid risk, in their own country to do "bare officials" have Minyan said: Xiren have to take the passport, citizenship here free. All these methods are copied with the Administrative Council, follow the Western law-related, the drafters consciously or unconsciously avoided or ignored the absence of national wealth and public power regulatory constraints, legislators often because of their identity, ability, and in which environmental constraints, demonstrating the exercise of executive power in the more subtle side.

And crony capitalism [9] "spiritual cultivation" corresponds to the general public has been diligently pursuing their civil rights. Civil rights constitute a fundamental element of property rights. In the social reality, due to speed up the implementation process of urbanization , resulting in a large number of landless peasants. the interests of local government and real estate agency and actually lead to dramatic price increases by the city of the farmers and ordinary citizens have to pay a high price for those. industrial workers as cheap labor to attract foreign investment prices the most powerful signs. Meanwhile, the modest price of labor but also with the products in the international market price fluctuations and volatility in commodity prices as a barometer of the international market. Corresponding to this, people on government policies to further stimulate the property market has the effect of purchasing power resentment and conflict, the general public and government agencies to further increase the gap, and pushed up prices to the power of property owners are often holders. education, a high degree of Administration, which also allows ordinary people to further increase the cost of their children's education . the state and nation, education has become a pressing Administrative creativity and personal initiative to play a hard stone, so that education lags behind the national sustainable development requirements of the times. In addition, medical, judicial costs, the cost of food prices and food security The greater the ability of ordinary citizens, dominate the property greatly reduced.

2. Including the powerful holder of executive power, including the bourgeoisie and the relationship between ordinary citizens, representatives of a certain level, the administrative body and administrative relationship between the relative. This is a pair of contradiction. How to effectively study this contradiction body, to solve this contradiction is an unavoidable task of administrative law.

In economic management. To ensure ownership by the whole state economy is the economy the same as the main considerations of the economic system should pay attention to the following aspects: first, to ensure that the overall control of the national economy in the hands, although the quality of operation is not satisfactory, but planning can ensure that state-owned enterprises, employment, benefits and other power distribution control in the hands of the executive power holders. Second, taxation and regulatory capabilities of the lack of confidence. Although the system is a joint-stock and limited companies have been confirmed by history and experience of cost-effective system, but the holder of the executive power of the shares of the company's lack of confidence in the tax collection, fear can not meet or exceed the previous year revenue, causing a deficit. Third, coal, electricity, finance, and other energy-based economy among the Group further intensification of game. Fourth, the special advantages of state-owned enterprises and further lead to unfair competition, and private, foreign and individual enterprises intensified conflicts. Fifth, the role of certain administrative unspoken rules. owned enterprises is often the senior management arrangements for cadres the ideal place to both the administrative level, but also the opportunity to return at any time as a senior civil service, and a lot of money in corporate income during the period. state-owned enterprises often become some senior officials, dignitaries of the private plots.

To make up for shortcomings in economic performance and vulnerability, the administrative system are constantly changing, corresponding also had some problems. For example: Development and Reform Commission, the SASAC and the relevant ministries were given the management of enterprise functions, and some overlapping functions In order to prevent local corruption and improper interference, the executive vertical management further increased, further concentration of executive power, a direct result of excessive concentration of power problems, from time to time major corruption cases, the unified management of matters of local and central functions of the cross, leading to further increase administrative costs, corrupt side of the further expansion of the credibility of the judiciary continues to decrease the capacity of weak trade unions and other organizations, continue to cause the number is not small groups of events and so on.

Third, reflect on the practice of administrative law

Although only 60 years history of the founding of our great leap forward has occurred, the Cultural Revolution and other serious hideous painful lesson. We have to reflect on our basic system of what has gone wrong. And we need a few basic reflection problem is:

(A legal crisis of faith

The law is ultimately a need someone to convince, or lost based on the rule of law. So, first of all to the legislative body of legislators, legislative procedures, legislation to comply with certain rules on the value of policy-makers to comply with certain moral values, will develop has recognized that the law society. However, the reality is there are many problems in legislation. Here, try to July 8, 2000 the Standing Committee of National People's Congress amended <<China Customs Law "> example.

July 9, 1998, the State Council approved the establishment of the anti-smuggling police force, and issued <<State Council on the anti-smuggling police force set up programs approved> "(the letter [1998] 53. November 7, 1998 the State Council issued <<State Council on the anti-smuggling police force set up to implement the program approved> "(Letter Office of the State [1998] No. 52. <<Supreme Court, Supreme People's Procuratorate, the Ministry of Public Security, Ministry of Justice, General Administration of Customs on the smuggling and Criminal investigation agency smuggling cases for Criminal proceedings for a number of Issues> "(Department of Investigation No. 742 of 1998, 1998, the date of execution issued Nianxia the year 1999 on November 5 Kusakabe issued <<Supreme Court, Supreme People's Procuratorate, Public Security Ministry of Justice General Administration of Customs on the smuggling of foreign-related cases for Criminal investigation agency Circular on Several Issues> "(Department of Investigation .2000 748 1999 8 July the Ninth National People's Congress Standing Committee of the Sixteenth Meeting of the <"On the change <the decision of the Customs Law of the People's Republic>> amendment, the amendment, first paragraph of Article IV provides that" the State General Administration of Customs set up a special investigation in the Criminal investigation of smuggling organizations, with full-time anti-smuggling police, responsible for the smuggling of its jurisdiction crime investigation, detention, arrest, pre-", second paragraph provides that" the customs bodies to carry out detecting smuggling crimes investigation, detention, arrest and preliminary examination shall be in accordance with the <<Criminal Procedure Law>> the regulations . "

Several documents and laws from the above amendments can be seen: the State Council approved the establishment of the Customs anti-smuggling police force when no legal basis, the Supreme People's Procuratorate, Ministry of Public Security, Ministry of Justice, General Administration of Customs for smuggling investigation, prosecution, trial no legal basis for such a criminal right, the judiciary, the legal supervisory authority in this incident is not due to perform their statutory duties, the National People's Congress for the establishment of a new police force, the legal duty to enforce the criminal law have the right to amend the permissions according to < <Legislation Law "> The practice is also debatable.

To executive power, the executive power to act right is a source of criminal power expansion, however, the State Council, the judiciary, the legal supervisory authority has no legal basis in the collective behavior is inappropriate to say the least obvious. However, the highest legislature permanent organ of the legislation to be confirmed later, also apparently no legal basis. from the power of the implementation point of view, the establishment of Customs anti-smuggling police force can not prevent corruption and smuggling within the Customs, "Yuanhua" smuggling case is one example. Such cases are undoubtedly seriously damage the dignity of the law.

The case is the highest administrative organ, the highest judicial organ, the highest legal supervisory authority, the permanent organ of the highest act of the legislature the results of local and examples of such ministries is not uncommon. This will not help build the faith of citizens in the law, must will lead to a certain extent, the crisis of faith in the law.

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(B administration system running

Moment, the ruling party in every possible way to seek scientific governance, which the executive power for the allocation of China's current situation is a major opportunity. So, the executive power of the current system configuration is the most important part of the problem.

The configuration of the local executive power. For the present case, not so much below the provincial level people's government of the Central People's Government might as well be said that the party responsible for the same level, because in addition to the main leaders, the Government members, judges, prosecutors mainly with local party committees and management, such a system is caused by too much local power, executive power configuration of proportion, the main barrier and down the country decree. local party committees other than a military power than all the public authority. the original legislative intent of the Organic Law hope that the local judiciary and the legal supervision organs of public authority supervising the obligation to place, resulting in inJustice and corruption in the judiciary is often because the local party committees or even a result of a major corruption of the leadership. succession of "Pengshui poem" in the country staged around, because the public security organs and judicial organs of the local leadership, "flatter" result.

Defang executive power and judicial power Why am responsible? Administrative law Tantao Restriction on public power and organizational law issues have not been able to solve this problem very well. In the premise of ensuring the status of the ruling party, should quickly discover an effective limitation Defang the way of power. Meanwhile, I believe that changing the place of Justice is the administrative tasks to focus on the study. The central government has had the funds to pay the national judicial conditions, there is no need to rely on local governments to resolve. judicial institutions from the local authority independent, do not take orders from local, eat local governments, directly responsible for the law, but also restricted an important part of the corruption of power. judicial authorities to strengthen the management of vertical management, vertical management authority vacuum in the supervision of the situation should be quickly been corrected.

(Three to overcome vulnerability

The problem is institutional framework, no matter how perfect the system, but also rely on people to run. Currently, our administrative efficiency is not high, frequency of corruption cases in addition to institutional reasons, more importantly, because of the long-term thinking of the feudal kings and bureaucratic thinking and caused by greed.

Fundamentally speaking, the basic nature of human self-interest. The law is not only the political and economic regulator, is also a process of social development, the basic medium of a conflict of interest. In countries where the rule of law, can not expect citizens to be able to consciously toward "virtue" advance, but to every citizen the right to face the desire of self-interest - rational self-interest is also the main driving force of social progress. the main purpose of the law is to exceed the limits of self-interest for the establishment of boundaries.

Religious people allowed to make mistakes, atonement by way of repentance, even "ledge, deeds," but the rule of law actually not so simple, because the crimes to pay costs. How to overcome the shortcomings of the self-interest, not asking people to put an end to self-interest, but for the citizens in the self-serving, we can not violate other citizens, organizations and property rights, but also in activities within the law. If outside this range, it should be subject to legal constraints as well as sanctions . administrative law in this regard to protect the rational self-interest, and allows the existence of self-interest and self-interest to regulate the legal limit, in order to facilitate the implementation of any public authority who overcome this weakness. Fourth, the theory of administrative law trend: P- JAFER of the Theory of

Standard rule of law does not depend on the number of laws, not depending on what is practiced in this country system. Western legal experience to use in China, must go through "as the product of more than Huai" test. There will be different groups and communities different aesthetic point of view, lifestyles and values, but also require different ways to solve conflicts of interest. Integrated Development of Chinese Administrative Law and the crux of the problem, we need a new philosophical view to re-examine the future of Administrative Law and Administrative Law development.

(A rule of law, the basic paradigm of the system

The rule of law, systems analysis systems to analyze, for the current legal Research and the rule of law or necessary. Here we are using the mathematical theory of sets and functions, consolidated the existing Research on the rule of law, trying to show the Chu The basic paradigm of the rule of law system.

S = {A. R}

Within this formulation, S on behalf of the rule of law system, A representative of the elements of the rule of law system, R on behalf of the rule of law system, the relationship between elements,

A = {M. L}

Within this formulation, A representative of the rule of law within the system "elements", M on behalf of the rule of law system, a subset of elements within the "moral", L on behalf of the rule of law system, a subset of elements within the "legal."

R = {M. P}

Within this formulation, R between elements within the system on behalf of the rule of law "relationship", M on behalf of the rule of law system, a subset of elements within the "moral", P representative of the relationship between the rule of law system, a subset of "procedures"

S = {ML P}

In this formulation, the can be seen that the rule of law system, the moral element is very important, the law is inseparable from ethics, morality can not be separated within the system procedures. This is based on the theoretical paradigm of human nature. Legal and other adjustment of social technical means, operational procedures are to be considered a moral existence.

(B P-JAFER established theory

Recognition of the moral basis of human nature is based on common values. However, the rule of law system, in addition to other moral values, associated with the rule of law, legal and procedural factors. From the practice of law, the law should be the basic factors or at least of the following paradigm.

L = P n {JAFE R}

Above formula, L on behalf of the legal system, P behalf of the statutory procedures, n behalf of the intersection, {} represents the collection, J on behalf of justice, A representative of commitment, F behalf of the Liberal, E represent fair, R on behalf of efficiency. Which, in this needs to be emphasized is the commitment and efficiency of two elements.

On the commitment, the traditional definition of the legal concept of focusing mostly from the "national will" up the research and understanding. In fact, here, we prefer to think that "the law is a rational between all citizens committed to." Administrative law that kind of "commitment" is close to the reality of it. This commitment includes the ethics, justice, equity, efficiency and other related factors. published by the State in the form of implementation, only a form. its essence is a shared commitment to reason.

With regard to efficiency, there is need to re-emphasize "efficiency" concept. Efficiency is the "useful work in the percentage of total power." Legal science, the law should be above the law in the collection set and JAFER set intersect. "can not intersect" and the legal, albeit in the name of law, we can not endorse it as law. There may be a "command" to make a unilateral interest groups "intention," "political tool", etc. . For a law of "useful work in the percentage of the total power," the evaluation should first be established, "This is a legal" basis. Under the existing law, some low efficiency because of legislation legislative technique, the assessment of the legal environment caused poor. The current large-scale "urban law-making" exercise also led to some inefficiencies in the law, just as <<the PRC Company Law>> Like many laws the rural areas and farmers are excluded. the lack of P-JAFER theory in any one element of the law should be "inefficient," the law.

Here's P-JAFER theory is just a simple description of human nature and the legal construct, helps regulate government regulation, so that the distance between government and citizens closer to reasonable. Not only to the administrative law effective, they may have on other methods of reference.

Notes:

[1] This is the author's shallow understanding of religion, there is no attitude on the issue of religion and belief. From a deeper level of understanding of people to pursue their own self-interest of natural rights is one of the engines.

[2] In ancient history, there have been the Emperor himself issued the "crime of edict to" punish its own records, the "law of the line, the first of the body" concept is also the emperor himself took the lead law-abiding example. According to <<Kangxi to teach the child the Court Motto motto>> records, training, saying: If the man were together, want to laws of the line, but the first of Shen, and who ever. is such as eating a cigarette, though not very relationship, then Huozhu from many of this, it is I always prohibited. However, United will not eat non-smoking, childhood home in the mother, quite good to eat cigarettes. this man had used banned, how services will be the? so never use it.

[3] mainly refers to the Bai Pengfei, who began to translate the Japanese administrative law .1927 Bai Pengfei published by the Shanghai Commercial Press <<Administrative Zonglun>>, is the reference to his Japanese teacher works Minobe Dagestan written, and gradually formed its own disciplinary system of administrative law.

[4] Zhdanov in charge of ideology in Stalin's Soviet Communist Party Central Committee. He was the definition of the history of Western philosophy rather special, he said, the whole history of Western philosophy is Western materialism and idealism against the armed forces History, materialism is generally representative of the advanced revolutionary class, spiritualism behind the opposition on behalf of a class, so put the thinking of the introduction of class analysis, debate, and controversy over this simple thought, one is materialism camps, one camp of idealism. This country has long been thinking of it as we Marxism, in fact, it is not Marxism, is the Zhdanov own words, does not conform to Marx and Engels on the philosophical exposition. But Zhdanov's argument against such armed forces to adapt to China's liberation of the political environment, the need to adapt to the political, so after the liberation, as to learn Marxism, Leninism in school when the course you have to read the history of Western philosophy and the history of Chinese philosophy, according to armed forces against the model, whether in China or the West, is divided into two camps, materialism and idealism, if it is materialism in the history of camp, are the writings of Marx and Engels footnote , if it is criticism of idealism is to be the target of study of Chinese and Western philosophy is not to become a footnote to the writings of Marx and Engels is to be the target of criticism, which was also the political need.

[5] According to the 1998 State Council Information Office published <"China White Paper on the rule of law>>, the existing legislation in the 229, 79 administrative law, including the nature of the Executive and Legislative Law 54, the constitutional law of the Constitution 39 , Civil and Commercial Law 32, 17 pieces of social law, procedural law, 7, Penal Code 1.

[6], including the party's organs, people's congress agencies, government agencies, the CPPCC organizations, the military, Commission for Discipline Inspection and other relevant authorities at all to start their own business entities. Now left the authority "training center", "reception centers" and so on law was left to start a business property.

[7] March 1, 2000 the Ninth National People's Congress, adopted by the third meeting <<PRC Legislation Law "> legislation restricting the proliferation of layered containment played a certain role.

[8] powerful economy or the economy is a shortage of power, the new Chinese economy is a powerful means to achieve a certain level of economic, domestic nomenklatura acquired foreign citizenship after he returned to China to rely on foreign capital is conducive to the development of laws and regulations of the economic activity.

[9] Crony capitalism, crony capitalism also translated or friends and family capitalism.

References:

{1} Luo Haocai. The core of administrative law and the theoretical model [J]. Law, 2002, (8).

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