After many contacts with Professor Xiong, I found that he is a very funny and sharp-thinking person. This is related to his early musical accomplishment. 1962, from Huanggang, Hubei. He likes music since he was a child. When he was studying in Huanggang Middle School, he had a literature class. 1974 Join the Huangmei Opera Theatre Orchestra of Hubei Province to play saxophone and clarinet. In a blink of an eye, seven years passed. Friends jokingly commented on Xiong, saying that he is the best musician in the legal field and the person who knows the law best in the music industry. 1977 Xiong, who resumed the college entrance examination, has been earning a steady income for several years and decided to give up art and study, take the college entrance examination and apply for the law major. The bear said, "This has something to do with my childhood experience. I have been very sensitive to politics since I was a child. "
When he was in primary school, Xiong liked to read newspapers and read the meetings attended by officials very carefully. It was during the "Cultural Revolution". He pays special attention to which province's "director of the revolutionary Committee" is, who is the deputy director, and who is the commander and political commissar of the provincial military region. He made his own form, saw one in the newspaper, filled it in, and gradually filled in the list of these officials. After a long time, even diplomatic envoys and foreign heads of state have to fill out forms.
While filling out the form, he began to analyze. He found that if someone's name suddenly appeared in major celebrations such as May Day and National Day, and when he received foreign guests, it indicated that he had returned to the political arena. If someone's name suddenly disappears, he is likely to "step down". Predictions come true again and again, which makes him feel a sense of accomplishment and gradually becomes a hobby. Today, his sensitivity in this respect is impressive, and his predictions are often accurate, which makes his friends always think that he has any special "channels". In fact, his channels are newspapers, magazines, radio and television.
Many things happen. 198 1 Xiong was admitted to Beijing University of Political Science and Law (now China University of Political Science and Law) as an undergraduate majoring in law. Unexpectedly, he just caught up with the start and development stage of China's administrative law, and formed an indissoluble bond with China's administrative rule of law.
Send a furnace to Ying Songnian.
At that time, Beijing University of Political Science and Law established the "Administrative Law Teaching and Research Section", with Yan Fang as the head. Yan Fang, an old newspaper reporter in Yan 'an period, made great contributions to the development of administrative law in China, but few people mentioned it in recent years. Xiong said that after the reform and opening up, the first batch of administrative law talents in China were recruited by Fang Lao to Beijing University of Political Science and Law. Rainbow Yang Ming, a leading figure in administrative law, and Ying Songnian, who was in northwest university of politics and law at that time, both tried their best to transfer to northwest university of politics and law.
At that time, there was a course on the elective course list called "administrative law" Bear is very interested in this and takes it as an elective course. Therefore, he had more and more contacts with Yan Fang, and gradually became his closed disciple. Yan Fang likes to call him when he has something to do, and he has become the main labor force in the teaching and research section.
I remember when Ying Songnian first arrived at the College of Political Science and Law, he was assigned to a small room facing east on the 4th floor of Building 6, and his living conditions were very difficult. Especially in winter, there is serious air leakage at home and no heating. It is strange that living in it should not get sick. One day, I called the bear and said that he wanted to get a stove for Mr. Ying to make a fire, otherwise he would not live in winter. The bear said, I'll call another classmate. Yan Fang said, what do you mean, we can both do it. Fang Yanling led him from the College Affairs Section to a stove burning honeycomb coal, and then they carried him to Ying Songnian's house together. At that time, Fang Lao was already in his sixties and seventies, and Ying Songnian was extremely moved. Looking back now, Xiong said that the style of veteran cadres in Yan' an period was really touching. With such an example, who can afford not to study hard? Without Fang Lao, China's administrative law could not have developed so vigorously in just a few years.
"relay" translation
At that time, these teachers and students of administrative law were eager for administrative law knowledge, just like hungry people jumping for bread. From June 65438 to March 0984, the Ministry of Justice entrusted Beijing University of Political Science and Law to hold a seminar on administrative law, and invited famous Chinese and foreign scholars to teach the theory of administrative law. This is the first administrative law theory training course in China, which has brought together a large number of later administrative law scholars. Xiong was still an undergraduate at that time, but he just won the opportunity to attend the seminar, and it rained heavily.
Meyer, a Belgian expert hired by the seminar, taught the topic of administrative law in French. When translating some technical terms of administrative law, he often gets stuck, so he should ask Mr. Wang Mingyang, who is sitting under the podium. Mr. Wang Mingyang studied in France in his early years and obtained a doctorate in law (majoring in administrative law) from the University of Paris I, France. He is proficient in French. However, the explanation given by Mr. Wang Mingyang with a strong accent in Hengyang, Hunan Province still cannot be understood by everyone. Hunan Miluo people can understand Hunan dialect, but his Mandarin is not much better than Wang's. He relayed Wang's Hengyang dialect in Hunan Miluo dialect, but everyone still couldn't understand it. Zhu Wei, who grew up in Beijing, is impatient. Sometimes, Jiang Mingan "translated" her guess before she finished. If the "translation" is wrong, Wang Mingyang quickly waved and said, "No place (right) No place (right)". Xiong, a native of Hubei, has an advantage in listening to Hunan dialect. So I got up the courage to "translate" Xiong's Mandarin. Because he was engaged in artistic work since childhood, Xiong speaks Mandarin best among Hubei people. Only through such "relay translation" can we understand these technical terms. When everyone was laughing, Professor Meyer opened his eyes wide and looked at it in confusion.
Newborn calves enter the national legislative hall.
From 65438 to 0985, Xiong was admitted to the Graduate School of China University of Political Science and Law, where he studied under famous constitutional scholars, administrative law scholars, Gong Xiangrui and Ying Songnian. Shortly after the promulgation of the General Principles of Civil Law, Mr. Tao Xijin, a senior consultant of NPC Law Committee, proposed to abolish the old six laws in old China and formulate the new six laws in new China, and explicitly proposed to formulate the General Principles of Administrative Law. Mr. Tao Xijin served as Dong's secretary for a long time in his early years, and his qualifications were very old. At the beginning of the founding of the People's Republic of China, he was Deputy Secretary-General of the State Council, and his words carried weight in the National People's Congress. His contribution to the promotion of China's administrative legislation is outstanding in history.
1986 10 NPC Law Committee established the administrative legislation research group. Tao Lao proposed that Professor Ping Jiang, the head of the drafting group of General Principles of Civil Law, be the head of the administrative legislative research group. The research group is composed of Luo, Ying Songnian, Zhang Huanguang, Pi, Zhu, and serves as consultants. Xiong was lucky enough to participate in the drafting of the General Outline of Administrative Law, which was presided over by the administrative legislative research group, and participated in writing several drafts for review. This year, Xiong was only 24 years old, and he was able to enter the administrative and legislative research group of the National People's Congress to draft legal documents. History gave him a once-in-a-lifetime opportunity.
After the establishment of the administrative legislation research group, the General Introduction of Administrative Law (Trial Draft) was drafted, and the research materials of administrative legislation and the research trends of administrative legislation were compiled and published, which provided the latest information and trends of administrative law research at home and abroad for the national administrative law scholars and greatly stimulated the curiosity of young scholars.
1at the end of 986, the second annual meeting of administrative law was held in the mountain city of Chongqing, and Tao Xijin rushed to Chongqing from Guilin with illness. He felt that the domestic administrative and legal circles were still conservative at that time, and hoped that young people could come out and "shoot a few shots." Through his secretary, he invited several young people, including Xiong, to his residence to report on the drafting of the general framework of administrative law. Tao Lao suggested that young people can attend the meeting as nonvoting delegates and talk about the legislative framework of the general principles of administrative law.
With the support and encouragement of the predecessors, the "newborn calf" Xiong broke through the original topic at the meeting and introduced the legislative framework of "basic principles of administrative law, administrative subject, administrative behavior, administrative legal supervision and administrative litigation" in the general principles of administrative law in a free speech way, which attracted wide attention from scholars attending the meeting. At present, many authoritative experts in the field of administrative law miss that meeting and think that it has opened up a new realm for administrative law.
Two basic points: relative person, hearing and one center.
At that time, the young bear thought boldly, dared to say and do, and often put forward some very novel statements.
Xiong is a graduate student of 1985, and the current president of Zhejiang Gongshang University is a graduate student of 1986. The bear was not in love at that time. Hu Jianmiao came from Shanghai and was also a "bachelor" when he arrived in Beijing. As soon as they hit it off, they often drink a few bottles of beer together, eat a bag of peanuts, and play Hu Kan in the dormitory for the whole evening. Both of them felt that there were too few technical terms and too many vernacular languages in administrative law at that time, and some terms should be created. On one occasion, he put forward how to say "the relative person of the administrative subject", and Xiong said, "Let's call it the relative person." From then on, the concept of "relative person" began to appear in their academic papers and gradually became popular. "Later, the word' relative person' was also found in foreign translation materials, but it was put forward in China at that time, and no foreign translation materials were seen when it was put forward."
Later, under the leadership of Luo and Ying Songnian, the research group of administrative legislation of the National People's Congress successively put forward important legislative frameworks and expert drafts, such as the formulation of administrative litigation law, administrative supervision law, state compensation law, administrative punishment law, administrative reconsideration law and administrative licensing law, and Xiong joined the expert advisory group. 1989 in April, an expert seminar on the draft administrative punishment law was held in a hotel near Jinhai Lake in Pinggu, Beijing. One focus of the seminar is whether to write the "hearing system" into the administrative punishment law and how to write it. At that time, the "hearing system" was brand-new in China, and it was never written into the legal provisions. It is appropriate to write, but many experts worry that the discussion at the Standing Committee of the National People's Congress will cause great controversy and delay the legislation of this system. Some experts, including Xiong, suggested that it is very necessary to establish a hearing system in China. Instead of writing too much to cause controversy, it is better to establish a hearing system first and then further improve it later. The NPC Law Committee finally adopted this proposal, and wrote a few lines in Articles 42 and 43, which were sent to the Standing Committee for discussion and passed smoothly. Since then, the "hearing system" has taken root in China.
At the annual meeting of administrative law held in Taiyuan from 65438 to 0988, Xiong also pointed out that our country has "one center and two basic points", but in fact administrative law should also have "one center and two basic points". "One center" is "the administrative function endowed by the core value of the country" and "two basic points", one is "empowering the government" and the other is "controlling the abuse of power". At that time, many experts thought that administrative law was about "controlling government power", not including "granting government power". But later, more and more experts accepted Xiong's point of view and put forward the "balance theory". Xiong's "two basic points" are actually about the balance of administrative power. The authorization and control of power must be balanced to ensure the safety and effectiveness of administration, reduce administrative risks and improve administrative efficiency.
The idea of reducing "vice" has been repeatedly "blocked"
From 2006 to 2007, Xiong's research results on the "Ministry system" frequently appeared in newspapers, but there is an intriguing phenomenon, that is, after he put forward the issue of reducing "deputy posts" in Wang Newsweek, many journalists and editors from central and local newspapers and magazines came to interview or draft, and Xiong always mentioned that the administrative organs should reduce "deputy posts". He said that according to the "Organization Law of the State Council" promulgated by 1982, each department in the State Council should have one director and two to four deputy directors; Each committee shall have one chairman, two to four vice-chairmen and five to ten members. But the reality is that the number of deputy directors is greatly overstaffed. For example, the National Development and Reform Commission, deputy director 12, seriously exceeded the quorum.
Editors and journalists at that time thought this view was very important, but in the last published articles, this view was always deleted. The editor and the reporter explained that the boss said that this view was too sensitive and the red pen "box" went on. Zhao is very persistent, insisting that the state has laws and regulations and the government should administer according to law. What's so sensitive about this?
Later, in the report of the 17th National Congress of the Communist Party of China, it was clearly stated that "reducing the number of leadership positions". Xiong Zhaowen smiled and said to the editors, "Look, if only you had reported it!"
The "best" way to curb the expansion of departmental interests
In recent years, Xiong has made an in-depth study on the interest expansion of state administrative organs. He proposed that the reform of the "Ministry system" is the "best" way to curb the expansion of departmental interests.
In 2005, the State Economic and Trade Commission studied the cancellation of projects approved by various departments. As a result, no one wants to cancel the approval project of their own department. Later, Xiong and other experts consulted, and the experts put forward a cancellation plan, which was subsequently passed at the office meeting of the Economic and Trade Commission, and the work went smoothly. Another year, the Ministry of Science and Technology solicited opinions from various departments on the draft legislation, which was also debated and finally passed according to experts' opinions. This is actually the interest of the department.
The expansion of departmental interests in China is first manifested in "departmental legislation". Laws and regulations in many countries are drafted by relevant departments. When drafting, it often pursues the maximization of departmental interests, legalizes the expansion of departmental power, and deviates from the overall national policy and public interests, such as government monopoly, administrative access restrictions, resource planning and allocation, and departmental protection.
Secondly, departmental interests are collectivized, personalized and illegal. The Zheng Xiaoyu case reflects the phenomena of administrative corruption, collusion between officials and businessmen, and interest alliance, but these phenomena are not isolated. Some openly violate the law for the benefit of the department. For example, the transportation department has let the provisions of the Highway Law passed in 2004 to levy fuel tax run aground so far.
Third, this is a waste of public finance. China spends hundreds of billions of dollars every year on buses, public funds for eating and drinking, and going abroad on business. Li Jinhua, Auditor-General of the National Audit Office, pointed out in his report on the audit results of the implementation of the budget of the central departments in 2004 that since 1.999, the State Sports General Administration has used the special funds of the Chinese Olympic Committee 1.3 1.09 billion yuan, of which 1.09 billion yuan has been used for the construction of staff quarters and the payment of post subsidies for staff. ...
The expansion of departmental interests is the essence of power. Acton said: "Power leads to corruption, and absolute power leads to absolute corruption." Montesquieu also said that those who exercise power will always exercise power until the boundary of law. We have always maintained a good expectation and longing for power, thinking that those in power will wholeheartedly enforce the law and serve the people wholeheartedly. In fact, we can't have the slightest illusion about power, especially in the design of system and the construction of norms, we must clearly realize the corruption and selfishness of power. The reform of "Ministry system" is to connect many departments in series, which may be the "best" way to curb the expansion of departmental interests.
In Xiong's vision of the "Ministry system", he put forward the overall plan of the "Ministry system" and the overall plan of step-by-step implementation. Ministry of Land and Construction = Division+Planning+Construction+Land Resources, etc. Ministry of Agriculture = Agriculture+Food+Forestry; Ministry of Communications = Transportation+Railway+Aviation+Highway+Water Transport+Postal Service, etc. For the current adjustment plan, civil servants are regarded as human resources elements, social security functions have not been integrated, and the Ministry of Railways has not been merged into the Ministry of Communications. Xiong said that this is still where the interests lie, but he believes that there will be integration sooner or later.