China's Long March toward Rule of Law

By Randall Peerenboom | Go to book overview

9
The administrative law regime: reining in an
unruly bureaucracy

Because the essence of rule of law is the ability of law to impose meaningful limits on the state and individual members of the ruling elite, an effective administrative law regime that limits the arbitrary acts of government is essential to rule of law. Yet despite broad agreement as to the importance of administrative law, administrative law is one area where there is tremendous variation among legal systems around the world. Simply put, there is no single correct way to deal with common administrative problems, a fact often overlooked by China's critics. 1 Thus, while all states rely on generally applicable laws to one degree or another to provide predictability and certainty, and attempt to limit abuses of discretion, they may differ with respect to how much administrative discretion is desirable. East Asian development states tend to favor a larger, more flexible role for the executive in managing the economy than Western liberal states. 2 Administrative officials in China also enjoy considerable discretion, in part because the rapidly changing economic environment requires flexibility.

In light of the diversity among administrative law regimes, the lack of a single blueprint for success, and a distinctive set of institutional, cultural, economic, and political constraints, the development of China's administrative law regime inevitably will be determined primarily by its own contingent, context-specific conditions, including which version of rule of law prevails. 3 Legal reformers will choose from the various items on the administrative law reform menu the ones that most suit China's particular circumstances, including perhaps some homegrown options.

On the other hand, although the menu of options with respect to goals, institutions, mechanisms for controlling administrative discretion, and legal doctrines is expansive and potentially unlimited, modern states with well-developed legal systems and functioning administrative law regimes have tended to converge on a range of favored choices. 4 Not

-394-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
China's Long March toward Rule of Law
Table of contents

Table of contents

  • Title Page *
  • Contents vii
  • Preface ix
  • Abbreviations xvi
  • 1 - Introduction 1
  • Notes *
  • 2 - The Evolution of Rule of Law in China: the Role of Law in Historical Context 27
  • Notes *
  • 3 - Post-Mao Reforms: Competing Conceptions of Rule of Law 55
  • Notes 110
  • 4 - Rule of Law and Its Critics 126
  • Notes 175
  • 5 - Retreat of the Party and the State 188
  • Notes *
  • 6 - The Legislative System: Battling Chaos 239
  • Notes *
  • 7 - The Judiciary: in Search of Independence, Authority, and Competence 280
  • Notes *
  • 8 - The Legal Profession: the Quest for Independence and Professionalism 343
  • Notes 384
  • 9 - The Administrative Law Regime: Reining in an Unruly Bureaucracy 394
  • Notes *
  • 10 - Rule of Law and Economic Development 450
  • Notes *
  • 11 - Rule of Law, Democracy, and Human Rights 513
  • Notes *
  • 12 - Conclusion: the Future of Legal Reform 558
  • Notes *
  • References 599
  • Index 653
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 673

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.