The Unirule held the Seminar on Curbing Department Legislation and Protecting Fairness and Justice in Beijing on March 1st, 2012. Prof. Feng Xingyuan, Prof. Mao Yushi, Prof. Mao Shoulong, Mr. Qiu Feng, Prof. Sheng Hong, Associate Professor Song Hualin, Dr. Tian Feilong, Prof. Xu Zhangrun, Associate Professor Yang Junfeng, Prof. Zhang Qianfan, Prof. Zhang Shuguang, Mr. Zhang Yujun and Ms. Zheng Yafang attended the seminar.
Experts attending the seminar agreed that serious institutional drawbacks widely existed in China at present. One of the root causes lies in the fact that administrative departments dominated legislation and “legalized and institutionalized” departmental privilege and interests so that the shadow of departmental interests stands behind many of the current laws. The recent re-amendment of the Criminal Procedure Law which draws much attention serves as a typical example. Suggestions on enhancing protection of human rights which people have called for many years were not adopted. Instead, protection of human rights in the re-amendment retrogressed and the power of public security organs and procuratorial organs was even strengthened. The root cause lies in the fact that public security organs and procuratorial organs both have tried to exert influence on the re-amendment process. From the perspective of laws, administrative monopoly in the oil, financial and telecommunication fields which has been criticized by the public is also the result of department legislation. Experts suggested that China’s basic constitutional system should be improved, the NPC’s function of legislation and supervision should be implemented, current legislation process should be revised and that democratic institution should be fully carried out so as to solve the present problem department legislation which becomes increasingly intense.