Liability for Administrative Offences in China: With Special References to Public Interests and Human Rights

Abstract

The article provides a general description of liability for administrative offenses under the PRC legislation. It considers general principles of responsibility for administrative offenses, the system of bodies that impose administrative penalties, the system of administrative penalties and the procedures for imposing them. The authors determine how well it is possible to strike a balance between public and private interests in the legislation on administrative penalties. “Legality” is declared as a basic principle of administrative liability in the PRC. In this article, the authors have concluded that the principle of legality has a rather specific content. Administrative offenses and penalties are not codified in China but are dispersed in a significant amount of laws and regulations. This approach ensures the existence of a fairly dynamic system of administrative measures which guarantee a proper order in the rapidly developing Chinese economy. At the same time, this approach carries a risk of abuse of power by public bodies and excessive state intervention in the life of individuals.