The New Development of “Substantial Rule of Law” in China: Substantive Settlement of Administrative Disputes

Kaiyu YANG

Abstract


The current reform of China’s judicial system is carried out under the background of the rule of law construction from the “formal rule of law” to the “substantial rule of law.” Therefore, the substantive settlement of administrative disputes has become one of the criteria for the value judgment of China’s judicial system reform. The substantive settlement of administrative disputes depends on the following two ways: administrative reconsideration, letters and visits, administrative appeals and other non-litigation mechanisms; administrative litigation. Of course, Chinese scholars are also increasingly aware that the substantive resolution of administrative disputes cannot be accomplished in a single way. At present, while improving the above various systems themselves, China has begun to pay more attention to the construction of the connection mechanism among the above systems.

Keywords


Formal rule of law; Substantive rule of law; Administrative dispute; Judicial system of China

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References


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DOI: http://dx.doi.org/10.3968/11097

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