The system of legal regulation of state control in the People’s Republic of China

Abstract

In light of the ongoing reform of control and supervisory activities in Russia, it is of interest to study the current legal regulation of state control in historically related legal orders, in particular, in the PRC. Although China does not have a single normative act dedicated to the procedure, grounds and methods of exercising state control, its norms are systematically included in various sectoral normative acts. Among others, various types of state control in China can be distinguished: sectoral, central and local, departmental and interdepartmental. The state directs controlling bodies to apply advanced information technologies, scientifically-based methods of planning and implementation of control measures, as well as the implementation of a risk management system. It can be argued that there is a whole system of norms dedicated to state control in China at the current stage of development of Chinese legislation, which is not a complete legal institution. This article considers on the example of individual administrative legal norms how the Chinese legislator approaches the issue of finding a balance between public and private interests in the implementation of state control of private entities through the normative consolidation of specific guarantees of the rights and legitimate interests of controlled persons and specification of powers of controlling bodies, which still remain in many cases broad and not fully defined.

Keywords:

state control, supervision, control and supervisory activity, administrative responsibility, control measures, inspection, risk-oriented approach, Chinese law