Research On China's Administrative Compulsory Setting Right

After the introduction of the Administrative Enforcement Law,the legislative field of China's administrative compulsory law officially began the combing work of the normative documents in the field of administrative compulsory,and the administrative compulsory setting right is the key content of the relevant combing work.Studying the implementation of China's administrative compulsory setting rights from the perspective of the principle of legal reservations is of positive significance for deepening the study of administrative compulsory setting rights and enriching the theory and practice of the principle of legal reservation.From the perspective of complementarity,mutual restraint and mutual promotion between the principle of legal reservation and the power of administrative enforcement,this paper discusses the important role played by the principle of legal reservation on the road of continuous advancement and development of administrative enforcement,which can not only improve the government of our country.Administrative ability can better implement the rule of law.The thesis is divided into three parts:introduction,body and conclusion.The main body is divided into four parts:The first part is an overview of the basic principles of administrative enforcement and legal retention.Firstly,it defines the concept and characteristics of administrative compulsory setting rights,and also mentions its basic principles and contents.Secondly,it expounds the basic connotation of the principle of legal reservation,and briefly discusses the requirements of the principle of legal reservation in administrative legislation.The second part focuses on the impact of the principle of legal reservation on the power of administrative enforcement.This part first introduces the status quo of legal reservation in China's administrative compulsory,and then on the important influence of China's legal reservation principle on administrative compulsory setting.Finally,from the perspective of practice,it discusses the influence of the principle of legal reservation in legal practice.The third part is about the problems in the field of administrative compulsory in the field of legal reservation.This part first reviews the lack of legal reservation status,and points out the need to strengthen and improve the principle;then elaborates on the problems existing in the local law on the principle of legal reservation;finally,the issue of the legal hierarchy in the field of administrative enforcement.The last part is how to improve the administrative enforcement power of China from the perspective of legal reservation.The first is to improve from the legislative field,from the basic law of the administrative enforcement law;the second is to appropriately expand from the local regulations to adapt to the characteristics of administrative compulsory;the third is to improve from the foothold of administrative enforcement.