NPC Session 2002   

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Enactment of Laws on Administrative Permission, Enforcement Urged    
   THU, FEB 28, 2002    

A renowned law expert appealed to legislators Thursday to enact laws on administrative permission and an enforcement system which can adapt to China's current situation as well as international practice.

Ying Songnian, a member of the Committee for Internal and Judicial Affairs of the National People's Congress (NPC) and law professor with the National School of Administration, who was invited to deliver a lecture to members of the NPC Standing Committee.

The lecture, attended by NPC Standing Committee Chairman Li Peng, was held immediately after the 26th session of the Ninth NPC Standing Committee, which ended here Thursday afternoon.

Ying said that the administrative permission system generally contains a number of principles, such as being open, transparent, just, efficient and convenient to the general public.

Some problems emerge in current Chinese administrative permission system, he said. These are that there are too many permissions, the procedures are complex, permission conditions are not transparent and relevant departments stress examination and approval while downplaying supervision and due responsibility.

He pointed out that the reform of administrative permission system is a revolutionary reform, which can only be realized by the enactment of relevant laws.

As for content of the law on the system, Ying proposed that an item of permission should be done by one department only, the conditions for permission should be transparent and the charge for the permission should be only for the cost of making certifications.

Speaking of the administrative enforcement system, the professor said a relevant law should be made to substantially clear up category, authority and procedure for administrative enforcement.

He suggested a division of the power of judgment and enforcement, that is, a certain department be designated for carrying out the enforcement of decisions, while courts and administrative departments would merely be responsible for making judgment or decisions.

"By so doing, enforcement confusion and corruption can be avoided," he added.

The NPC Standing Committee, China's top legislature, plans to make laws on administrative permission and enforcement.

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