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Towards Governance By Rule Of Law

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Chapter Summary

China's difficult journey towards creating a government under rule of law has a complex historical origin. Thirty years later, after extensive social and economic development, the transition to a market economy, numerous changes in industrial structure, and transformation of government's role in society, officials at every level of government have begun to develop a consciousness of rules, and the concept of law-based administration is gradually taking hold. In regulating administrative entities, the "Three Determinations" policy has superseded the legally mandated role of organic laws as stipulated in the Organic Law of the State Council. And in the enforcement of administrative law, there is still a dependence on un-standardized policies and orders instead of using a two-tier system of systematic law enforcement and specialized law enforcement for exigent circumstances. China's journey towards creating a rule of law government reveals its unique national circumstances, a disordered legal system and extremely uneven development.

Keywords: administrative law; China; governance; government; law enforcement; legal system; Organic Law of the State Council; rule of law

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