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Translated by Constance Li.April 13th,2015.

On March, 26th, 2015, the 2nd SHUFE Legal Forum was held in Room 201, 2nd Teaching Building, Guoding Campus. The academic speech hosted by Wang Shiru, professor of SHUFE Law School. Liu Ping, vice director of the Legal Affairs Office of Shanghai and the head of the Institute of Legal Affairs of Shanghai, was invited to give this speech concerning the research of the difficulty of Shanghai rule of law.

Combined with his own work experiences, Liu delivered the speech by five topics—— administrative legislation, administrative enforcement of the law, social government, administrative relief and the rule of law construction, generally aiming at the difficult problems of administrative enforcement and the blank study of administrative law. 

First, he explained the tendency of administrative enforcement which revealed from change of the policy from “There must be laws to go by, the laws must be observed and strictly enforced, and lawbreakers must be prosecuted” to “Scientific legislation, strictly enforce the law, impartial justice, civil law”, based on the background that the center changed from administration to society. And he uncovered the common phenomenon that application of the law depends on dogmatism, that administrative leadership is with instrumentalism and that scholars’ and people’ s romantic feeling on law. Importantly, Liu analyzed not only the relationships management between the People and People’ s deputies, the deputies to the NPC and NPC Standing Committee members, NPC Standing Committee members and professional workers in legislation, but also the coordination of relationships between NPC leading legislation and legislative democracy, government and public, government and NPC, CPC and legislation.

Then, started from the relationship of government, market and society, he brought out the problems of administrative confirmation, administrative supply, administrative encouragement, administrative order and administrative fee in the administrative law enforcement field through the absence of the administrative rules of evidence. Additionally, he sorted out the difficulties on illegal building, random set up stalls and medical trouble.

What is worth mentioning is that in the terms of social government, Liu mainly discuss the rationality of rules in community autonomy, industry associations and credit system, standing at the point of a legal state stepping into a legal society. While regarding to the rule of law construction, he centered on the professional community and stated the coordination and consistence between the legal adviser system and the institution of government and public lawyers.

During the speech, it was arranged for an interacted session at the end of each part. Plenty of questions were come up with and be answered with great care. Finally, professor Wang made brief comments. Meanwhile, she instructed students to decide the topic of thesis inspired from the spatial relationship between consciousness of problems and academic research. The lecture ended in the warm applause of the students. 

(Original : http://law.shufe.edu.cn/structure/xyxwxx_170458_1.htm)