An Exploration Of The Legal System Transition From Administrative Supervisory Commissioner System To Regional Administrative Office System

This dissertation attempts to explore the relationship between administrativesystem and law from the legislative point of view, by studying the transition fromadministrative supervisory commissioner system to regional administrative officesystem, the most frequently changed one at the province and county level. Thetransition from administrative supervisory commissioner system to regionaladministrative office system is of great significance in the modernization of thelocal administrative system law in modern and contemporary China. The systemused during the rule of Nanjing Guoming Government evolved from traditionalChinese administrative system after absorbing the elements of modern Westernadministrative system. Therefore, the administrative supervisory commissionersystem is the result of combining modern Western administrative system with thetraditional Chinese one. This system has been adopted during the Anti-JapaneseWar and has been widely in use until "the Great Cultural Revolution", duringwhich the regional revolutionary committee system took its place. When "theGreat Cultural Revolution" ended, the regional administrative office system cameinto being and remains to be in use to the present day. Great amount of historicalinformation has been implied in this transition. A blank in the study of the historyof Chinese legal system may be filled up with the exploration of the transmissionfrom administrative supervisory commissioner system to regional administrativeoffice system. There is great amount of historical information implied in thetransition. A blank in the study of Chinese legal history is to be filled up by thisstudy and exploration of the transition from administrative supervisorycommissioner system to regional administrative office system from the legislativepoint of view.The main problem to be solved in the paper is to find out the legal state of theadministrative system at this level, the basic reasons for the transition fromadministrative supervisory commissioner system to regional administrative officesystem, and the mechanisms displayed in the legal construction. The solutions tothese problems can be seen in the following chapters of the paper as well as in itsconclusion.In the relevant parts of chapter one and chapter six, the author of this paperexplores the legal problems in the foundation of the administrative supervisorycommissioner system during the reign of the Nanjing Guomin Government. Toraise the efficiency of administration, the Nanjing Guomin Government set up theadministrative supervisory commissioner system in 1932, and gradually spread itto the whole country. The founding and widespread of this administrativesupervisory commissioner system realizes the legalization of the administrativesystem. Although there is deviation in its actual functioning, it is generally ahistorical fact the law has been abided by and carried out during that period oftime.In the relevant parts of chapter two and chapter six, the author of this paperexplores the problems during the New Democratic Period with the administrativesupervisory commissioner system in the Anti-Japanese Base areas as an example.The fact that this system has been widely accepted and adopted in theAnti-Japanese Base areas proves the necessity and importance of this level ofadministration. Everything in operation has been basically in conformation withthe legal system and the policies. Facts show that "revolutionary legality" is to laygreat emphasis on rather than ignore the legal construction. This is one of the mainreasons for the success of the New Democratic Revolution.In the relevant parts of chapters three, four, five and six, the author of thispaper explores the legal state of the transition from administrative supervisorycommissioner system to regional administrative office system in contemporaryChina. For reasons known to everyone, legal construction has been gradually moreand more neglected ever since the founding of our New China, and the glorioustradition of stressing the legal construction has gradually been lost until the end ofthe Great Cultural Revolution. There have been no specific and definite legalregulations at this level, and there is no law to be abided by. As a result, severeinconformity appears between the legal status and actual situation at this level.More and more offices are set up, and more and more people are enrolled in theadministration. No great change has taken place in this aspect even till the presentday. This situation proves the extreme necessity of carrying out administrativework according by the administrative laws.The founding of administration at the regional level is to meet the need ofsolving contradiction in the fact that the provinces in China are too large, and thereare too many counties in the provinces. The transition of the administrativelegality at the regional level reveals the rule that administration must abide by theadministrative laws. Administration must be regulated and restricted by theadministrative laws. Perfect administrative laws, in the author's opinion, should atleast include the principle of stable execution. This dissertation presents its ownstandard as to the content of perfect regional administrative regulatory rules. Theauthor believes that it is urgently necessary to draft the administrative laws for thevarious levels of governments in order to set the solid foundation for carrying outadministration according to law as well as governing the country according to law.This research involves many research fields such as the history study of legalsystem, politics, administrative study, and history study. With Marxism as itsguiding principle, with the combination of demonstrative study and theoreticalanalysis, this paper makes a multi-discipline, multi-method, and multi-leveledinnovative study into the topic.Through the exploration of this study, the dissertation aims to fill up the blank inthis field. It is an in-depth study with academic originality and breakthrough,which will arouse greater interest in this topic and bring about more detaileddiscussion about relevant problems and fields. The realistic insight into theestablishment and reform of the local administrative structural system makes thisdissertation achieve great significance in practice.