On Legitimacy Of Administrative Law Enforcement

Contemporary China is in a great phase of social changes, which is the process of modernization. In the social changes, the government will face some difficulties and problems in various fields. How to strengthen the humanized administrative law enforcement and how to improve the quality and efficiency of enforcement are the severe ones. Thus, according to both theory and practical demands, the legitimacy of administrative enforcement comes to the emphasis for the ALE developments in the phase of transition. In terms of the situation of theoretical research and practice, the theoretical research about the legitimacy of ALE has been an urgent and realistic issue. The purpose to explore its legitimacy lies in reflecting the combination of ALE and ethics, both in subject and content. The ethical perspective on the theoretical study of administrative law enforcement doesn’t mean abandoning or deny the function or rule of law, let alone using ethics to take the place of administrative law enforcement activities. It aims to use the advantages of the ethical path to compensate for the potential lack of law and resolve defects so as to go beyond the legal gaps, constraints and difficulties, to improve China’s legitimate law enforcement, to improve the administrative effectiveness and human-based enforcement, to urge the government law enforcement departments and law enforcement personnel to effectively carry out their duties, so as to build a sensible humane law enforcement to provide ethics support for building a sensible, legal and human law enforcement.Administrative law enforcement mainly refers to use the law to manage and organize state affairs, which takes the form of executive legislation, law enforcement, judicial. However, the modern administration takes charge of a wide range of dynamic and changing objects which requires professional, highly technical skills while legal regulations in general are static, abstract and general rules. This determines the laws and regulations on administrative management of social relations can not be complete and specific. So, for some problems, only some fundamental rules can be set, which is the judicial deficiencies that can be remedied through ethical path, which is the ethical function of administrative law enforcement.Mainly based on equality, justice, conscience, courage, etc, its legitimacy is mainly reflected in the qualification of administrative law enforcement, law enforcement purposes, law enforcement procedures, law enforcement, and right of discretion and so on. The writer tries to reflect on the law enforcement developments and organizations’ values, ethics, behavior, and evaluation from the ethical perspective.Discussion of the legitimacy of administrative law enforcement must be profoundly around the interaction mechanism between Chinese traditional ethics and the law, grasp the relations between psychology and action of law enforcement staffs, promote the modern transition of China’s ethics and law, and building the inner mechanism of modern ethical spirit and legal culture with Chinese characteristics.The pursuit of the legitimacy of administrative law enforcement is not to establish a ethically pure management mechanism. It should imply profound ethical spirit. The pursuit of the legitimacy of the administrative law enforcement enriches a series of ethical values like the implementation of reasonable administration, regulating the exercise of power, making the power to achieve good for the public, respect for the Private Party in Administration, realizing the public interest; enhancing morality, and shaping the personality of administrative law enforcement.