Social Sciences in China (Chinese Edition)

No.9, 2018

 

A Jurisprudential Analysis of Authorization for Experimental Administrative Reform

(Abstract)

 

Yang Dengfeng

 

As a new form of authorization with independent legal status, the authorization of experimental administrative reform falls between legislative and administrative authorization. Decisions on authorization of experimental administrative reform have two aspects, viz., “the temporary adjustment or temporary suspension of the application of certain provisions of a law” and “authorizing a given experimenting body to implement this decision.” In essence, the former is the organic combination of two elements: suspending the implementation of a law and formulatinga new experimental law; it does not belong under amendment of the law. The latter, on the other hand, is a special legislative authorization similar to administrative franchise. As a method of exercising public power, authorization for experimental administrative reform should follow the procedural requirements laid down in the Resolution of the Central Committee of the CPC on Certain Major Issues Concerning Comprehensively Advancing the Law-based Governance of China; it may not overstep the bounds of the forms of expression or substantive contents determined by the principles of the modern rule of law.