Font Size: a A A

The Action Logic Of The Administrative Law Executors

Posted on:2013-02-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:S M LvFull Text:PDF
GTID:1116330371993443Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The process of administrative law enforcement is not only the simple deductiveprocess of "law+fact=decision". In the process of administrative law enforcement, theaction inclination of law enforcers is the most dynamic and variable element. Apart fromlaw, other variables may also impact the final result of administrative law enforcement.Based on its different modes of action, these variables can be divided into normative factorand non-normative factor. The former one mainly concludes superior will, judicial review,supervision of representative organs as well as the pleading of administrative counterpartswhereas the latter one contains administrative habit and experience, natural emotion,interest temptation, and mass media etc.All the variables can affect the law enforcer according to its own mode of action butthe law implementation effect may be quite different. As a whole, judicial review,supervision of representative organs, pleading of administrative counterpart and massmedia monitor are the positive variables for the ruling of the law enforcers. However, theadministrative habit and experience together with superior will are also two "double edgedsword" since they can not only exert a positive effect, but also can impede or damage theimplementation strength of law. The effect of natural emotion and interest temptation inadministrative law enforcement will usually become the negative element in depleting lawenforcement strength.All the variables are not only related to the individual case for the enforcementstrength of the law enforcers, but also have relations with their own feature andcharacteristic. According to the different modes of action of variables exerted on lawenforcer, the variables can be divided into endogenous type, structural type, inductive typeand supervisor type etc. The stability, the amount of the action segment, thesustainability of actions, the possibility of rewards acquired by law enforcers, the result ofrejecting the variables action as well as the legitimacy of variable actions and so on will all influence the action strength of variables. Therefore, the variables of endogenous type,structural type, inductive type and supervisory type present a descending trend in actionstrength of the law enforcers.The process of administrative law enforcement is essentially the process "for control"on law-executors between the law and the other variables. If the law needs to realize itscontrol on law executor,it has to outperform the action strength of other variables on lawexecutors. Particularly, it should outperform the variables which will exert huge negativeimplications on law implementation. They include neutral variable and negative variable.Because the administrative habit and experience belongs to endogenous type variable,while the superior will belongs to the structural type variable, and both of them indicate thestability and sustainability of the effect on the action conducted by law executors, soamong the action strength of all the variables they are ranked the top. Once these twovariables action process on the law-executors fail to be normalized they will eventuallybecome the most damaging negative force for law implementation.On the level of system, if we want to normalize the effect of administrative habit andexperience as well as the superior will on law executors the administrative organizationlaw must become an indispensable part of the administrative law system framework. Onlyby reforming our administrative structure and then institutionalizing it can we finallyachieve the effective ruling of law executors by the means of law. Moreover, the centralissue of improving administrative organization law lies in strengthening the effectivecontrol of leadership authority.
Keywords/Search Tags:administrative law enforcement, administrative law executors, actionselection, the law, administrative organization law
PDF Full Text Request
Related items