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XI'AN, May 22 (Xinhua) -- China has built a
preliminary administrative legal system which balances administrative efficiency
and protection of citizen's rights, said Cao Kangtai, director of the
Legislative Affairs Office of the State Council here on Monday.
The Seventh China-Germany Symposium
on Law, jointly launched by the Legislative Affairs Office of the State Council
and the German Ministry of Justice, was held here with the theme of
"administrative enforcement and protection of citizen's rights".
Cao said that as of June last year, China had 48 laws
and 72 regulations, which formed a basic administrative legal system.
For example, China's law on tax collection management
requires citizens who are in default of their taxes to pay up or the tax
collection administration is entitled to notify the border administration not to
allow them to leave the country.
Another cited example was the regulation on inland
river transport and safety management which states citizens are not allowed to
set fishing nets in inland rivers which are used for transportation. If a
fishing net were found, authorities are entitled to remove it if the citizen
doesn't do so on his own accord.
"Administrative enforcement is important to efficient
administrative management and to maintaining social order and protecting
citizen's rights. However, if administrative measures are abused, citizen's
rights and interests will be infringed," said Cao.
China's administrative compulsory measures include
define citizen's freedoms, the closing of business ventures, confiscating
facilities and properties, freezing bank deposits and securities.
In a bid to prevent governments from abusing their
administrative enforcement power, the country's laws provide stringent
procedures and safeguards.
The Law on Penalties against Public Order Offences
entitles police to hold suspicious money or goods for further investigation, but
they must provide a detailed list to owners who are entitled to witness the list
being made. This is designed to prevent the money or goods from being embezzled
during the investigation.
Cao said that in a bid to further regulate
governments in administrative enforcement, China's legislature, the Standing
Committee of the National People's Congress (NPC), is reading a draft
Administrative Mandatory Law, which nails down the principles and procedures of
administrative compulsory measures and enforcement.
Cao said the forum will promote legal exchanges
between China and Germany and will deepen the communication and understanding
between legal circles of the two countries.
Brigitte Zypries, German Minister of Justice said
that since China and Germany launched state-level talks on law, relations
between the two countries has been further developed. The ongoing forum, with
the theme of "administrative enforcement and protection of citizen's right",
will further push forward the legal cooperation between the two countries.
The two-day forum attracted more than 100 officials
and scholars from China and Germany. Enditem |