The current Council of the Administrative Law Research Society of Shanghai Law Society is the 7th Council with a total of 30 members. In 2023, under the leadership of the Shanghai Law Society, with the strong support of all sectors of society, and with the joint efforts of President Ye Bifeng and all directors and members, the work of the Administrative Law Research Association has achieved remarkable results.
1. Main academic activities
On June 3, 2023, the 2022-2023 Annual Conference of the Administrative Law Research Society of Shanghai Law Society and the Academic Seminar on "Theoretical Research and Local Experience of Solidly Promoting Administration According to Law" were successfully held at the Education International Exchange Center of Shanghai Normal University. The annual conference was hosted by the Administrative Law Research Association of Shanghai Law Society, and organized by the School of Philosophy and Law and Politics of Shanghai Normal University and the Shanghai Education Legislative Consultation and Service Research Base. Nearly 100 experts and scholars from Shanghai Jiao Tong University, Fudan University, East China University of Political Science and Law, Tongji University, East China Normal University, Shanghai University of Finance and Economics, Shanghai Normal University, Shanghai Academy of Social Sciences, Shanghai University of Political Science and Law, Shanghai University, Shanghai Maritime University, Shanghai University of International Business and Economics, Shanghai Institute of Administrative Law and other universities, scientific research institutes, courts, law firms and other units attended the meeting and participated in the discussion.
2. Major academic achievements
(1) Research on the subject
Ye Bifeng (President): The key project of the National Social Science Fund in 2023 is "Research on Deepening the Reform of the Comprehensive Administrative Law Enforcement System".
Xu Jian (Director): The 2023 General Project of the National Social Science Fund "Research on the Identification Standards and Legal Effect of Illegal Administrative Agreements".
Wang Jun (Director): 2023 National Social Science Fund General Project "Research on Legal Governance of Digital Administration".
Wu Liang (Member): The Ministry of Education's Humanities and Social Sciences Fund Planning Project "Research on the Administrative Laws and Regulations of Government Data Authorized Operation", and the Shanghai Municipal Health Commission commissioned the project "Research on the Legislation of Shanghai Basic Medical and Health Regulations".
Zhang Zhiyuan (Director): The Supreme People's Procuratorate's 2023 procuratorial theory research project "Research on the Procuratorial Supervision Mechanism of Administrative Violations".
Deng Ganghong (Director): The project "Research on the Collection and Application of Administrative Reconsideration Data" commissioned by the Shanghai Municipal Bureau of Justice.
(2) Publish papers
1. Ye Bifeng (President):
(1) Joint Law Enforcement in Mainland Local Adjacent Areas, Modern Legal Science, No. 1, 2023;
(2) The Principle of "Central Overall Planning and Local Responsibility" in Regional Governance, Journal of Administrative Law, No. 1, 2023;
(3) "Seven Talks on the Codification of Administrative Code" (cooperation), Law Review, No. 2, 2023.
2. Zhu Mang (Vice President):
(1) "The Functional Structure of Administrative Normative Documents", Jurist, No. 6, 2023;
(2) "The Internal Development of Administrative Law in Urbanization", Law Science, No. 5, 2023.
3. Zhang Zhiyuan (director):
(1) "The Triple Normative Effect of Securities Administrative Penalties: An Analysis Based on Typical Cases Released by the China Securities Regulatory Commission", Shandong Judges Training College, No. 4, 2023;
(2) Research on the Plaintiff Qualification of Tenants in Administrative Cases of Housing Expropriation and Compensation, Journal of Henan University of Economics and Law, No. 4, 2023;
(3) "Administrative Licensing Notification and Commitment System from the Perspective of the Integrated Construction of the Rule of Law", Research on the Modernization of the Rule of Law, No. 2, 2023;
(4) "The Role of Procuratorial Organs in the Substantive Resolution of Administrative Disputes", Journal of the Party School of the Central Committee of the Communist Party of China (National Academy of Administration), No. 2, 2023;
(5) "The Triple Approach to Administrative Litigation Law Research in the New Era", Journal of Jiangsu Institute of Administration, No. 2, 2023;
(6) "Observation on the Training Quality of Doctoral Students in Intra-Party Regulations", Research on Intra-Party Regulations, No. 1, 2023;
(7) The Role of the People's Court in the Diversified Resolution System of Administrative Disputes, Learning and Exploration, No. 1, 2023;
(8) Analysis of the Attributes of the Basic Administrative Code, Politics and Law, No. 1, 2023;
(9) Administrative Response as a Supporting Mechanism for Substantive Resolution of Administrative Disputes, Legal Research, No. 1, 2023.
4. Du Yifang (Director):
(1) "The Judicial Application and Development of Administrative Compensation Standards for Property Damage in Mainland China", Political and Legal Review, No. 6, 2023;
(2) "On the Confirmation of Illegal Procedures in Administrative Compensation in the Mainland", Nankai Journal (Philosophy and Social Science Edition), No. 2, 2023.
5. Jiang Lihong (director):
(1) "The Nature and Legal Regulation of Public School Sports Venues and Facilities Open to the Public", Journal of Shenyang University of Physical Education, No. 5, 2023;
(2) Research on the Innovation of Management System and Mechanism of Shanghai New R&D Institutions, Science Development, No. 6, 2023.
6. Han Siyang (director):
(1) "Public Law Intervenes in the Private Domain: Personal Information Protection in the Platform", Academic Monthly, No. 5, 2023;
(2) Subjective Public Rights in Personal Information Protection, Law and Business Research, No. 4, 2023;
(3) "The Synergy of Low-intensity Administrative Review", Modern Legal Science, No. 4, 2023.
7. Zhang Shufang (director):
(1) Legal and Economic Interpretation of Real Estate Expropriation Control, Southeast Law Science, No. 1, 2023;
(2) Research on the Institutional Configuration and Implementation Mechanism of Administrative Continuous Supervision, Social Science Research, No. 5, 2023;
(3) Legal Basis, Legal Challenges and Coping Strategies for the Formulation of Negotiated Administrative Rules, Journal of Jinan University (Social Science Edition), No. 3, 2023;
8. Su Miaohan (Director):
(1) "Where is the "New" in Germany's "New Administrative Law"", Huxiang Law Review, No. 2, 2023;
(2) "The Scoring Society: Due Process for Automated Prediction" (Translation), Data Law, Vol. 2, 2022;
(3) "The Modernization of U.S. Federal Administrative Procedure Law" (Translation), Public Law Studies, Vol. 22, 2023.
9. Jiang Hongzhen (Secretary-General):
"Judgment on the Timing of the Identification of Third Parties in Administrative Reconsideration", Oriental Jurisprudence, No. 2, 2023.
10. Lian Yuqiang (director):
"The Relationship between the Functional Positioning of Administrative Reconsideration and the Scope of Accepting Cases", Journal of the National Prosecutors College, No. 2, 2023.
11. Xu Jian (Director):
"On the Illegal Effect of Administrative Agreements", Law and Business Studies, No. 5, 2023.
12. Huang Pei (Director):
"Outline of Administrative Legal Responsibility for Algorithm Infringement on Digital Platforms", Comparative Law Research, No. 6, 2023.
13. He Yuan (Director):
"On the Legal Logic of Chinese-style Data Governance", Digital Rule of Law, No. 3, 2023.
14. Hou Danhua (Director):
"Overall Review and Application of Judgment Methods in Housing Expropriation Compensation Cases", Application of Law, No. 6, 2023.
15. Ling Weici (director):
"The Disintegration and Reconstruction of Family Co-living Rights and Interests in the Evolution of Housing System", Zhejiang Academic Journal, No. 4, 2023.
16. Wu Liang (member):
(1) Research on the Legal Improvement of Government Data Authorization Operation and Governance, Law Forum, No. 1, 2023;
(2) "The Trend of Public-Private Collaboration and Its Legal Regulation on the Authorized Operation of Government Data", Oriental Jurisprudence, No. 6, 2023;
(3) "The Legal Regulation of Educational Discipline Power in Western Countries and Its Reference", Tsinghua University Education Research, No. 4, 2023.
17. Huang Yuxiao (member):
(1) The Effect of Fundamental Rights in Administrative Law, Journal of Chinese and Foreign Legal Science, No. 5, 2023;
(2) The Opposition and Dissolution of the Concept of Rights in Administrative Law, China Legal Science, No. 3, 2023;
(3) "Three-dimensional Procedural Transformation of the Concept of Administrative Behavior", Tsinghua Law Science, No. 2, 2023.
18. He Yuan (Member):
"The Concept Transformation and System Integration of Legal Regulation of State-owned Enterprises", Politics and Law, No. 3, 2023.
19. Yan Yizhou (Member):
"On the Determination of Invalid Administrative Acts", Jurist, No. 2, 2023.
20. Cai Peiru (member):
"Normative Interpretation and System Construction of the Right to Portability of Personal Information", Jiao Tong University Law Science, No. 2, 2023.
21. Kwan Bo Ho (Member):
"The Legitimacy and Specific Path of Legal Regulation of PPP Risk Allocation", Social Science Front, No. 5, 2023.
(3) Publish academic monographs
Han Siyang (Director): Research on the Intensity of Administrative Investigation, Shanghai People's Publishing House, May 2023.
3. Talent training
Ye Bifeng (President) was elected as the vice president of the 9th Council of the Administrative Law Research Society of the China Law Society, Zhu Mang (Vice President), Ma Yingjuan (Vice President), Jiang Hongzhen (Secretary General) and many others were elected as the executive directors of the 9th Council of the Administrative Law Research Society of the China Law Society, and Ling Weici (director) and dozens of other people were elected as the 9th Council members of the Administrative Law Research Society of the China Law Society.
Jiang Hongzhen (Secretary-General) was selected for the "Changjiang Scholars" Youth Program of the Ministry of Education.
Jiang Hongzhen (Secretary-General): "The Paradigm Transformation of the Application of the Principle of Proportionality" won the first prize of the 16th Shanghai Philosophy and Social Sciences Outstanding Achievement Award.
Zhu Mang (Vice President): "Circular Criticism as a General Category of Administrative Punishment" won the second prize in the paper category of the Discipline Academic Outstanding Achievement Award.
Zhang Zhiyuan (Director): "Research Series on the Theory and System of Intra-Party Regulations" won the second prize of the 16th Shanghai Philosophy and Social Science Outstanding Achievement Award.
Xu Jian (Director): "Administrative Agreement from the Perspective of Functionalism" won the second prize of the 16th Shanghai Philosophy and Social Science Outstanding Achievement Award.
Huang Pei (director) and others were appointed as "Distinguished Professors of Shanghai Court" appointed by Shanghai High People's Court, and "Specially Invited Consulting Experts" of Shanghai No. 2 Intermediate People's Court and Shanghai Yangpu District Court.
Zhang Liang (member) was selected into the Shanghai Youth Legal Talent Pool.
Fourth, the work of party building
In 2023, the Society will continue to strengthen the Party's overall and centralized leadership over the work of the Society, thoroughly study and implement Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and conscientiously implement Xi Jinping Thought on the Rule of Law. The Administrative Law Research Society focuses on comprehensive study, comprehensive grasp and comprehensive implementation, pays attention to learning in combination with work practice and professional fields, and consciously uses the spirit of the 20th National Congress of the Communist Party of China to arm the mind, guide practice and promote work. The Party Working Group of the Research Society attaches great importance to political learning, convenes the Party Working Group Meeting, the President's Meeting, etc., participates in the propaganda activities of Xi Jinping Thought on the Rule of Law sponsored by the Shanghai Law Society, studies and implements the spirit of the 20th National Congress of the Communist Party of China to the letter, gives full play to the vanguard and exemplary role of the Party members of the Research Society, and firmly grasps the correct political direction of the development of the Research Society.
5. Social services
The research society actively strengthens the connection with other research societies and other academic groups, jointly organizes or organizes academic activities, and carries out a number of legal consultation and academic lecture activities for the comprehensive governance of the country according to law and the construction of a government under the rule of law. Strengthen the connection with the media and other members of society, and expand the influence of the Institute through radio, television, print media, and online media interviews and reports.
Sixth, self-construction
Focusing on the main responsibilities of the research of prosperous administrative law and the promotion of the construction of a rule of law government, the Society actively carries out its own construction and continues to pay attention to the role of the Society as a bridge. The research society actively plays the role of service and communication and coordination, and organizes and helps members to actively carry out academic research and exchange activities with the help of government agencies, judicial organs, government legal research institutions and universities, and fully mobilizes the enthusiasm of members to participate in the activities of the research society through various forms such as online seminars, reports and lecture series.