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Under economic globalization, many Chinese economy-related laws are out of the date. We must modify and reformulate them on the large scale, so it may damage legal stability. Furthermore, globalization bring out the spirit of “ rule of law”, and require judicial independence and judicial review of administrate acts. But, treatment of the concept of judicial independence suggests the limits of Chinese law reform; Chinese doctrine presently seems to regard it as involving the independence of the judicial from other bureaucracies, not the independence of the individual judge. The limitations on judicial review of administrative acts are very serious. The courts may not examine the inherent validity of administrative decisions. Reflecting concern theat the courts minght substitute their judgment for that of administrators, the legislation permits the courts only to dicide whether or not an administrative decision is valid, and does not permit them to revise the dicision. More seriously, agencies can shield their actions from judicial reciew of any kind. An administrative agency’s dicision can be overturned only if it violates the agency’s own rules—but the legality and the interpretation of these rules remain within the province of the agency, not the court. Under Article 12 of the ALL(Administrative Litigation Law), the administrative bureaucracy’s power to determine the validity of its own laws and regulations remains significantly insulated from extermal supervision. Moreover, if the law provides the final resolution of a matter under a specific regulation must be handled by the administrative organs, the courts cannot review such matters at all.”
Under globalization, for the increased mobility of goods and services, capital and labor, many serious crimes such as drug crimes and financial crimes including transnational money laundering occur fluently. The emergence of a global drag trade has created a variety of social problems for different groups in differrent settings. The growing consumption of illegal drugs has contributed to three kinds of problems in China. First, illegal drug contributes to crime and the crime and the spread of disease. Second, street gangs have engaged in a murderous competition for control of of the retail drug trade. Third, crime and violence associated with the consumption and trade in illegal drugs have created a variety of problems for state, and local government officials. Organized crime has become a world phenomenon. Transnational crime undermines the very foundations of the international democratic order. It poisons the bussiness climate, corrupts politicial leaders and undermines human rights. Criminal organizations have resorted to kidnappings, beatings, torture, bombings, and murder to intimated innocent victims, competitors, and law enforcement officials. But the power of Chinese government on controlling these crimes is poor because of lack of police agents and financial support. Furthermore, there are a lot of defects in legislation.
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