Personal Information

Name: Zhao Hong

Date of birth: March 1977

Gender: Female

Title: associate Professor/Doctoral Supervisor

E-mail: hongz1977@163.com

Work address: School of Law, Peking University, No. 5 Yiheyuan Road, Haidian District, Beijing, China 100087 

 

Education

1.September 2002-July 2005, Law School, Peking University, Constitutional Law and Administrative Law, Doctorate in Law

2.September 1999-July 2002, Graduate School of China University of Political Science and Law, Constitutional Law and Administrative Law, Master's Degree in Law

3.September 1995-July 1999, School of Law, China University of Political Science and Law, Bachelor's Degree in Law

 

Teaching Experience

1.Since 2024, I have been teaching at the Law School, Peking University

2.2005-2024, I have teached at the Sino-German Institute of Law, China University of Political Science and Law (later merged into the College of Comparative Law). I worked for the Law School in 2018, and was promoted to associate professor in 2008 and professor in 2014.

 

2.Courses taught: Introduction to German Basic Law, German Public Law, German Administrative Law, German Administrative Procedure Law, State Compensation Law, Chinese Administrative Law and Administrative Procedure Law

 

Overseas Study Experience

1. From September 2003 to September 2004, I studied at the Faculty of Law of the University of Tübingen as an exchange student of Peking University;

2.In July 2006, I studied at the Faculty of Law of the University of Tübingen as a visiting scholar;

3. From July 2007 to September 2007, I participated in an academic exchange program at the Faculty of Law of the University of Erlangen-Nuremberg under the sponsorship of the German Academic Exchange Service (DAAD);

4.From January 2012 to April 2012, I participated in an academic exchange program at the Institute of Law of Academia Sinica as a visiting scholar;

5.From October 2013 to April 2014, I participated in an academic exchange program at the University of Munich as a visiting scholar;

6.From November 2013 to December 2014, I taught Chinese Administrative Law and Administrative Procedure Law at the University of Cologne as a visiting professor.

 

Expertise Fields

German public law, comparative public law, state studies, basic categories and theories of administrative law (administrative acts and subjective public rights), public law protection of personal information rights, public-private partnership and administrative privatization, etc.

 

Representative Works

[Monographs]

1. Subjective Law System of Administrative Law, China Legal Publishing House, June 2021.

2. Existence Force (Bestandkraft) of Administrative Acts under the Rule of Law, Law Press China, May 2007.

3. Objective Creation under the Rule of Law: Practice Research on the Theory and System of Administrative Action in Germany, Law Press China, October 2012;

[Translation works]

1. [Germany] Reinhold Zippelius, Allgemeine Staatslehre, Law Press China, August 2011.

2. [Germany] Hans-Ulrich Wehler: Nationalismus. Geschichte, Formen, Folgen, China Legal Publishing House, 2013.

[Journal papers]

1. “Administrative Punishment for Provocative and Trouble-making Acts: Ways to Prevent the Pan-moralization of the Law", Law-Based Society, Issue 2, 2023;

2. “Normative Analysis and Entity Boundary of Algorithm Technology for Public Decision-making”, Journal of Comparative Law, Issue 2, 2023;

3. "Administrative Punishment for Interference with Public Administration: Between Norm and Reality", Tribune of Political Science and Law, Issue 2, 2023;

4. “Consideration Requirements in Public Neighbor Protection”, The Jurist, Issue 1, 2023;

5. “Cognition of Illegality in Administrative Punishment”, China Law Review, Issue 1, 2023;

6. “Ideological Tracing, Controversies and Recent Development of Administrative Acts in German Law”, Volume 28 of Administrative Law Review, Law Press China, November 2022;

7. "Legal Regulations on Public Health Data Governance and Its Enlightenment: Case Study of Health Code Popup”, Exploration and Free Views, Issue 12, 2022;

8. “Right Basis and Review Structure of Neighbor Protection in Planning Permission Litigation”, Chinese Journal of Law, Issue 3, 2022;

9. “Application and Restrictions of Informed Consent in the Performance of Government Duties”, Global Law Review, Issue 2, 2022;

10. "Development and Problems of the Protection Norm Theory—Comment on Administrative Reconsideration Case of Lianli Real Estate vs. Dongcheng District People's Government of Beijing Municipality, SJTU Law Review, Issue 1, 2022;

11. “The Core and Extension of Protection Norm Theory in Chinese-style: Taking the Judgments of the Supreme People's Court as Reference”, Contemporary Law Review, Issue 5, 2021;

12. “Substantive Law Issues of Cases Involving Connection Between Administrative Law Enforcement and Criminal Justice”, Journal of National Prosecutors College, Issue 4, 2021;

13. “Good Law and Good Governance in Urban Governance”, Exploration and Free Views, Issue 5, 2021;

14. “National Protection Obligations of Personal Information Rights under the Civil Code”, Business and Economic Law Review, Issue 1, 2021;

15. “China's Epidemic Information Disclosure Mechanism and Its Problems: Analysis Based on Legal Norms”, Southeast Law Review, Issue 1, 2021;

16. “Clarification of Misunderstandings and Local Application of Protection Norm Theory”, China Legal Science, Issue 4, 2020;

17. "Limitations and Restrictions of Individual Rights under Epidemic Prevention and Control", Journal of Comparative Law, Issue 2, 2020;

18. "Subjective Public Rights, Administrative Litigation Rights, and Protective Norm Theory: Reflection Based on Substantive Law", Administrative Law Review, Issue 1, 2020;

19. "Basic Structure and Core Issues of Constitutional Appeals—Based on German Experience", China Law Review, Issue 1, 2020;

20. “Reference Value of German Theory and Evolutionary Orientation of Chinese Theory: Reasons for the Writing of and Response to Book Reviews of Objective Creation under the Rule of Law”, Journal of Public Law, November 2020;

21. "Law-based Government and Protection of Rights in Administrative Litigation”, Governance Studies, Issue 4, 2020;

22. “The Historical Evolution and Judicial Application of Theory of Protection Norms”, The Jurist, Issue 2, 2019;

23. “Historical Evolution and Contemporary Value of Subjective Public Rights”, Peking University Law Journal, Issue 3, 2019;

24. “Shift and Influence of Plaintiff’s Qualification from ‘Adverse Influence’ to ‘Subjective Public Rights’”, SJTU Law Review, Issue 2, 2019;

25. “Application of Protection Norm Theory on the Plaintiff Qualification of Informers”, Journal of Beijing University of Aeronautics and Astronautics (Social Sciences Edition), Issue 5, 2018;

26. “Subjective Public Rights of the State”, Law and Economy, Issue 1, 2018;

27. “Legislative Practice of Germany's PPP and Its Enlightenment”, Administrative Law Review, Issue 5, 2017;

28. “From Information Disclosure to Information Protection: Trends and Prospects of Research on the Protection of Information Rights under Public Law”, Journal of Comparative Law, Issue 2, 2017;

29. "Public Law Protection of Right to Self-determination of Personal Information and its Status Quo”, China Law Review, Issue 1, 2017;

30. “Construction Method and Functional Significance of Departmental Constitutions”, SJTU Law Review, Issue 1, 2017;

31. “Cooperative Countries: Reconstruction of the Relationship between the State and Society", Journal of East China University of Political Science and Law, Issue 2, 2016;

32. “Institutional Development and Academic Evolution of Administrative Privatization in Germany”, Administrative Law Review, Issue 4, 2016;

33. “Success and Failure: A Review of the Amendment to the Administrative Procedure Law”, China Law Document, Issue 4, 2015;

34. “Cooperative Administration and System Reform of Administrative Law”, Volume 17 of Administrative Law Review, June 2015;

35. “Overall Structure of Administrative Litigation in Macao and Its Enlightenment, Gao Jiaxiang, Editor-in-chief, The Change and Development of Macao Law in the Era of Regional Integration, Angle Publishing, May 2015;

36. Gegeliederte Demokratie, Selbstverantwortung und Privatautonomie,

in: Privatautonomie, Aufgaben und Grenzen, Nomos 2015.

37.“Possibilities and Difficulties of Replacing the Administrative Acts by Legal Relationship”, The Jurist, Issue 3, 2015;

38.“Dilemma and Innovation of the Administrative Act as the Core of the Traditional Law Doctrine: A Research on the Theoretical Evolution of the Administrative Acts in China”, Issue 2 of Volume 25 of Peking University Law Review, December 2014;

39. “Dilemma and Future of Normative Constitution: How to Overcome the Difficulty in Implementing the Constitution under the Judicial Review System”, Journal of Comparative Law, Issue 4, 2014;

40. “Josefine Mutzenbacher Case”, Selected Interpretation of German Constitutional Cases (Volume 2), Law Press China, 2015;

41.“System Construction and System Balance of the Administrative Law”, The Jurist, Issue 5, 2013;

42. “Freedom of Expression and Its Restrictions in the Micro Era—On the Legitimacy and Limits of State Intervention in Citizens' Rights from Real-name Weibo Registration", Volume 16 of Internet Law Review, Peking University Press, August 2013;

43.“Litigation Power and Intensity of Judicial Review: Overall Relationship of Administrative Litigation by Comparing German and Chinese Systems, Global Law Review, Issue 3, 2012

44. "Constitutional Review of Macao under ‘One country, two systems’—Institutional Innovation or Institutional Dilemma?", Autonomy and Development: Research on Legal Reform in Macao under the Background of Regional Integration, Zhang Sheng and Xing Yanjing, Editors-in-Chief, Angle Publishing, 2012;

45. “Reform of German Administrative Procedures under the Background of European" Integration”, Administrative Law Review, Issue 3, 2012;

46. "Layered Democracy, Political Trial and Error, and Individual Responsibility—A View of Federalism from the System Theory”, China Law Document, Volume 2, 2012;

47. “Sex Education Curriculum Case”, Selected Interpretation of German Constitutional Cases (Volume 1), Law Press China, 2012;

48. “Prisoner Correspondence Case”, Selected Interpretation of German Constitutional Cases (Volume 1), Law Press China, 2012;

49. “Formal Rationality and Value of Constitutional Norms from the Restrictive Clauses of Basic Rights", Academia Sinica Law Journal, Issue 12, 2013 (Taiwanese Journal);

50. "Limitation of Limitation: The Limitation Model of Fundamental Rights in Germany and Its Enlightenment, The Jurist, Issue 2, 2011;

51. “Basic Rights as Objective Values and Problems”, Tribune of Political Science and Law, Issue 2, 2011;

52. “The Subjective Rights and the Objective Value: Two Dimensions of the Fundamental Rights in the German Law”, Zhejiang Social Sciences, Issue 2, 2011;

53. “Allgemeine Staatslehre by Karl Popper and Reinhold Zippelius”, Graduate Law Review (2011 Sino-German Special Issue);

54. "Basic Social Rights of Social States and Citizens: The Extension and Limitation of Basic Rights in Social States", Journal of Comparative Law, Issue 3, 2010;

55. “Formal Rationality under Substantive Rationality: The Canonical Mode of Basic Rights in Germany's Basic Law”, Journal of Comparative Law, Issue 2, April 2007;

56. "Rule of Law and Administration: The Development of German Administrative Law under the Rule of Law", Administrative Law Review, Issue 2, May 2007;

57. “From Existence to Existence Force: The Logic of German Theory of Effects System of Administrative Acts”, Studies in Law and Business, Issue 4, August 2007;

58. “Objective Creation under the Rule of Law: A Historical Survey on the Emergence and Function of the German Administrative Act Theory", Administrative Law Review, Volume 10, 2007;

59. "Legislation and Administration: from the Perspective of Administrative Legislation", Administrative Law Review, Issue 1, September 2007;

60. “Principle of Good Faith in Administrative Contracts”, Administrative Law Review, Issue 1, February 2005.

 [Legal Comments]

1. "Race to a second child should be punished or not?", "The Paper/Details of the Rule of Law", October 9, 2018;

2. “Looking for trouble is a ‘provocative and trouble-making act’ ?”, "The Paper/Details of the Rule of Law", September 3, 2019;

3. "Being right is not enough", "The Paper/Details of the Rule of Law", November 27, 2018;

4. "Rights and limitations: What is the freedom of writing erotic fiction", "The Paper/Details of the Rule of Law", December 17, 2018;

5. "Should whistleblowing be legally encouraged?", "The Paper/Details of the Rule of Law", April 29, 2019;

6. "Is framing really not punished?"; "The Paper/Details of the Rule of Law" , January 14, 2020;

7. "Information disclosure system and issues behind ‘no disclosure without authorization’"; "The Paper/Details of the Rule of Law" , January 31, 2020;

8. "Strictest control, general authorization and boundary of rule of law", "The Paper/Details of the Rule of Law", February 24, 2020;

9. "Information disclosure and privacy protection of patients in the data-based fight against the epidemic", "The Paper/Details of the Rule of Law", February 10, 2020;

10. "From health code to civilization code: life controlled by data", "The Paper/Details of the Rule of Law", September 17, 2020;

11. "Anyone who does not wear a mask is detained: What is the legal principle?", “The Paper/Details of the Rule of Law", March 1, 2020;

12. "How to rescue and restore stolen lives by legal means", "The Paper/Details of the Rule of Law", July 2, 2020;

13. "Anyone's death should be taken seriously: legal analysis of Beidou GPS offline case";, April 14, 2021;

14. "Salute to legal idealists", "The Paper/Details of the Rule of Law", June 24, 2021;

15. "Are high penalties for pruning camphor trees bought by oneself legal?", "The Paper/Details of the Rule of Law", August 19, 2021;

16. "Banning and off-limits of dishonored celebrities", "Caixin Opinion", November 14, 2021;

17. "Urban environment management law enforcement and public affairs outsourcing in sugarcane case", "The Paper/Details of the Rule of Law", December 14, 2021;

18. "Why should we be vigilant against overreporting?", "Ifeng Perspective", December 18, 2021;

19. "Suppression of people suing officials on ground of vexatious litigation: the yellow list of the Intermediate People's Court of Zhengzhou City is unacceptable", "Ifeng Perspective", December 25, 2021;

20. "What is the judge's ground of decision? Review of the judgment of Jiang Ge Case", "The Paper/Details of the Rule of Law" , January 15, 2022;

21. "So don't ask for whom the bell tolls", "The Paper/Details of the Rule of Law", February 3, 2022;

22. "After all, tomorrow is a new day", "The Paper/Details of the Rule of Law", February 7, 2022;

23. "Social deaths are on the rise, how could the law be enforced on numerous offenders of cyber violence", "Ifeng Perspective", February 21, 2022;

24. "Cases of abducting and trafficking women: Those not taking public responsibilities","Ifeng Perspective", February 21, 2022;

25. "Filomila's Brocade", "The Paper/Details of the Rule of Law", February 27, 2022;

26. "Artist standpoint in war?", "The Paper/Details of the Rule of Law", March 11, 2022;

27. "Health code popup: how algorithms overdetermine our lives", "Ifeng Perspective", April 14, 2022;

28. "No human life is a tolerable price to pay", "Ifeng Perspective", April 19, 2022;

29. "Turning in the key and locking the door for quarantine is illegal", "Ifeng Perspective", April 29, 2022;

30. "Balance between buying fake products on purpose and law", "The Paper/Details of the Rule of Law", May 5, 2022;

31. "How to protect students' right to take exams under the epidemic", "The Paper/Details of the Rule of Law", May 20, 2022;

32. "Legal issues in normalized nucleic acid testing", "The Paper/Details of the Rule of Law", June 10, 2022;

33. "Anyone with a yellow health code can't see a doctor? People's health is not represented by health code", "Ifeng Perspective", June 27, 2022;

34. "Health codes are forcedly assigned to depositors: health codes can't be abused like this", "Ifeng Perspective", June 15, 2022;

35. "Eliminating discrimination and stigmatization should ensure no record of COVID-19 patients being kept", "Ifeng Perspective", July 27, 2022;

36. "Wearing a kimono for a photo shoot is suspected of provoking trouble?” "Ifeng Perspective" ，August 21,2022;

37. "Rational judgment and humanistic care of law enforcers of administrative punishments", , October 11, 2022;

38. "Life is the supreme, rescue is the first: If all local governments could emulate Ordos", , November 5, 2022;

39. "Is it allowed to keep neighbors tested positive for COVID-19 at home? Humanity is finally tested", November 25, 2022;

40. "If no one learns from the tragedy, innocent dead is not worthy",November 26, 2022;

41. "Information of millions of users is leaked, what legal responsibility should NIO bear after being hacked", "IFENG.COM/Ifeng Perspective", December 25, 2022.

42 "Do health codes still need to exist after COVID-19 is managed with measures against Class B infectious diseases?", "The Paper/Details of the Rule of Law", January 3, 2023;

43. "Why can administrative detention of Mr./Mrs. Wang be suspended?", "The Paper/Details of the Rule of Law", January 14, 2023;

44. "Why is it so difficult to abandon the health code", "Caixin Opinion", February 21, 2023;

45. "Orientation of paternalism is behind public law enforcement", "Ifeng Perspective", February 20, 2023;

46. "Network violence is raging, and platforms can't just be safe harbors", "Ifeng Perspective", March 18, 2023;

47. "Oocyte freezing for single female: what position should the law take", "The Paper/Details of the Rule of Law", March 21, 2023;

48. "Ma Yuan is innocent?", "Ifeng Perspective" March 28, 2023;

49. "Case of Xiaohuamei in Fengxian County: Why are the people who rape and bribe not guilty?", "Ifeng Perspective", April 9, 2023;

50. "Is Hangzhou's real-name publicity of subway perverts an excessive punishment?", "Ifeng Perspective", April 21, 2023;

51. "We oppose sexual harassment, and even more the power oppression behind it", "Ifeng Perspective", May 3, 2023;

52. "‘Those have maliciously mailed thousands of letters should be detained.’ The right of the petition should be protected", "Ifeng Perspective", May 9, 2023;

53. "Should violence by violence be encouraged? Standpoints of the case of slapping at high-speed rail", "The Paper/Details of the Rule of Law", May 17, 2023;

54. "Should the personal information and illegal details of those who gather for prostitution be disclosed?", "The Paper/Details of the Rule of Law", May 22, 2023;

55. "The world between us: Who's Next?", "The Paper/Details of the Rule of Law", June 3, 2023;

56. "Should the teenager who embraces Messi be punished or not?”, “The Paper/Details of the Rule of Law”, June 19, 2023;

57． “Villager Sentenced for building a pontoon bridge privately: How to view the facts and jurisprudence of the case?”, "Ifeng Perspective", July 10, 2023;

58. “Are those that hire prostitutes but don’t have sex convicted of whoring?”, “The Paper/Details of the Rule of Law”, July 26, 2023;

59. "'Crime records' on administrative violations should be cleared first", "Scholar Review" of Shanghai Law Journal, August 4, 2023;

60. "Data collection and information protection in health code", The Procuratorate Daily, June 10, 2020;

61. "River chief + chief prosecutor" system innovation and practical exploration”, The Procuratorial Daily, September 17, 2020;

62. "Reform of household registration and protection of citizens' equal rights", "Legal Daily Legal Perspective", October 2017.

[Works compiled as a participant]

1. Zhao Hong, Editor-in-chief: Administrative Law Case Studies (Volume 2), China University of Political Science and Law Press, May 2020;

2. Xue Gangling, et al.: State Governance and Administrative Litigation, China Legal Publishing House, 2015;

3. Ma Huaide et al.: Revision and Comment on National Academic Degrees Regulations, China University of Political Science and Law Press, 2014;

4. Wang Jingbo, Editor-in-chief, EU Administrative Law, China Legal Publishing House, 2011.

5. Gao Jiawei, Editor-in-chief: Educational Administration Law, Peking University Press, 2007.

6. Zhang Shuyi, Editor-in-chief: Seeking a Virtuous Cycle on the Development of the Administrative Litigation System, China University of Political Science and Law Press, November 2000.

7. Zhang Shuyi, Editor-in-chief: Evidence-based Cases and Theoretical Analysis of Administrative Litigation, Law Press China, November 2002.

8. Li Honglei, Editor-in-chief: Understanding and Application of Judicial Interpretation of Evidence in Administrative Litigation, China Legal Publishing House, October 2002.

7. Zhang Shuyi, Editor-in-chief: Case Study for Administrative Law and Administrative Litigation Law, Intellectual Property Publishing House, May 2001.

 

Scientific Research Projects

1. General project under the National Social Science Fund: "Research on the Protection of the Rights of the Third Party in Administrative Law" (facilitator);

2. General project under the Ministry of Justice Fund: "Data Governance under Public Health Emergencies" (facilitator);

3. General project under the National Social Science Fund: "Research on Public-Private Partnership and Administrative Privatization in Germany" (facilitator);

4. Youth Project under National Social Science Fund: "German Administrative Act Theory and Institutional Practice" (facilitator);

5. Innovation Project of China University of Political Science and Law: "Public Law Rights and Public Law Protection of Administrative Third Parties" (facilitator)

6. School-level Social Science Youth Project of China University of Political Science and Law: "Research on the Basic Rights of the Constitution" (facilitator);

7. Youth Academic Innovation Team of China University of Political Science and Law: "Historical Limitation and Innovation of Comparative Law" (leader)

8. Key discipline project for postgraduate students of China University of Political Science and Law: "German Public Law" (facilitator);

9. Social science project of the Ministry of Education: "European Integration and EU Administrative Law" (participant);

10. The State Council's revision of the Regulation of Academic Degrees (participant).

 

Grants, Awards, and Honors

1. 2021 Young Master Teachers Award of China University of Political Science and Law;

2. 2019 Excellent Teaching Award of China University of Political Science and Law;

3. 2018 First "Most Popular Postgraduate Tutor Award" of China University of Political Science and Law

4. The Objective Creation under the Rule of Law: Practice Research on the Theory and System of Administrative Action in Germany won the second prize (monograph) in the Outstanding Achievement Award of China Administrative Law Society in 2015;

5. The Objective Creation under the Rule of Law: Practice Research on the Theory and System of Administrative Action in Germany won the third prize of the "Academic Achievements of Young Teachers of China University of Political Science and Law" in 2014;

6. 2014 Excellent Teacher Award of China University of Political Science and Law;

7. The Existence Force of Administrative Acts under the Rule of Law won the second prize of the "Academic Achievements of Young Teachers of China University of Political Science and Law" in 2012;

8. 2009 School-level Excellent Teacher Award of China University of Political Science and Law;

9. 2007 Excellent Award of the Skills Competition for Young Teachers of China University of Political Science and Law.