The Innovation Of The Method Of Administrative Enforcement Of Law

Based on the macro scenario of social management innovation, this paper points out that the present ways of administrative law enforcement shall be reformed. In a sense, the life of laws lies in enforcement. In the practice of administrative law enforcement, there is an urgent and realistic issue on how the subject of law enforcement adapt to the new social situation to promote the changes in ways of law enforcement with the spirit of reform and innovation. This paper proposes that, guided by concepts of law enforcement risks, services and democracy and led by principles of administrative government by law, legitimacy, public participation and proportion, a selection library of scientific law enforcement ways which includes the information system before law enforcement, the selection system during law enforcement and feedback system after law enforcement shall be established to realize the reform on ways of administrative law enforcement. This consists of three parts:introduction, main text and conclusion. The introduction part includes:problem introduction, research status, research significance, research method and framework and train of thought of writing this paper. The main text can be divided into the following six chapters.The first chapter is "Summary of Ways of Administrative Law Enforceme nt".Definition and analysis of the research object and its related concepts are a n essential part of a scientific research activity. To study the administrative la w enforcement, it is necessary to first make clear about the definitions, charact eristics, functions and other basic contents of administrative law enforcement, a dministrative law enforcement ways and other basic categories. This chapter ma inly offers preliminary explanations on several basic concepts involved, and furt her clears up the basic relationship between functions, types and relevant categ ories of administrative law enforcement, trying to get a general mastery of ad ministrative law enforcement. A way of administrative law enforcement is a pa ttern of manifestation of administrative act. Common ways of law enforcement include administrative licensing, administrative relief, administrative arbitrariness, administrative punishment, administrative imposition, administrative guidance, a nd administrative contract, etc. The second chapter is "Basic Relationship between the Social Management Innovation and the Reform on Ways of Administrative Law Enforcement". This chapter starts from the perspective of social management innovation to describe the function orientations of administrative organs, and then tells about the basic requirements of social management innovation for administrative law enforcement. The reform on ways of administrative law enforcement, as one of the basic content and a subsystem of social management innovation, is obviously different from the social management innovation. However, there are some internal conjunctions between the social management innovation and the reform on ways of administrative law enforcement:firstly, the reform on ways of administrative law enforcement is an important content of social management innovation and vice versa; secondly, discussing the reform on ways of administrative law enforcement from the angle of methodology is a direction and base to strengthen and innovate social management; and thirdly, the social management innovation and the reform on ways of administrative law enforcement have something in common, and the reform on ways of administrative law enforcement is an inevitable requirement of social management innovation.The third chapter is "History Review and Current Situation’s Reflection of Administrative Law Enforcement Development in China". Reality is the continuation and development of history. Thus, exploring the reform on ways of administrative law enforcement in the social management innovation at present stage depends on reviewing and summarizing the historical development of administrative law enforcement in China, in order to comprehensively understand and grasp the evolution development course of administrative law enforcement in China, summarize common rules and experience, and to perfect insufficiency and defect. This paper clears up the historical development stages of administrative law enforcement in China, summarizes different features at each stage, reflects the present situation of ways of administrative law enforcement, and concludes that the reform on ways of administrative law enforcement is definitely necessary.The fourth chapter is "International Comparison on and Inspiration from the Development of Ways of Administrative Law Enforcement". As a significant administrative law system of modern society with rule of law, the ways of administrative law enforcement have become a global issue, especially since the late 1970s when the field of western administrative law enforcement changed greatly. Therefore, it is necessary to research the basic development trend and the operation situation of different western countries’administrative law enforcement through comparison. The comparison shall involve French law, Germany law, American law, Britain law and Japan law, which can help us to get a full understanding and to learn some beneficial experience. This paper shows that the developments of different countries’administrative law enforcement inspire us in the following aspects:for the execution of law-enforcement power, it changes from mainly depending on enforcement into on people’cooperation; for the subject of law enforcement, it changes from simplification into diversification; for the function of administrative law enforcement power, it changes from regulation into deregulation; for the detailed ways of administrative law enforcement, they change from rigidity into flexibility.The fifth chapter is "Rational Thinking and Path Analysis of the Reform on Ways of Administrative Law Enforcement". The vigorously reform on ways of administrative law enforcement is the call of the society ruled by law and the choice of the era. Administrative law enforcement organs should be the main force of this reform and are supposed to set off the climax of innovation management during the administrative law enforcement. This paper explores the path of administrative law enforcement reform mainly from three levels, which are the concept renewal, the principle guidance and the construction system. This paper advocates that ways of administrative law enforcement must set up basic concepts of law enforcement risks, services and democratic; follow the principles of administrative government by law, legitimacy, public participation and proportion; establish and perfect administrative law enforcement system and build alternative selection library of scientific law enforcement ways, including the information system before law enforcement, the selection system during law enforcement and feedback system after law enforcement. The ways of administrative law enforcement are formed by several factors. In light of the reality of administrative law enforcement in China, we must comprehensively consider various factors to steadily advance the reform.The six chapter is "Empirical Analysis of New Ways of Administrative Law Enforcement". In recent years, with the deepening innovation of social management, the ways administrative law enforcement have gradually changed, which greatly renews the face of the administrative law enforcement and administrative government by law. The ways of administrative law enforcement is transferring from the simple and rigid law enforcement to the couple hardness with softness. Some participatory, interactive, consultative and selective ways of law enforcement, such as administrative appointment, administrative commitment, administrative contract, administrative reward and other soft enforcement ways, have been adopted more and more in law enforcement practices. Those ways are more in line with democratization, negotiation principle, diversification and other world development trends. Such new law enforcement ways greatly improve the administrative efficiency, effectively safeguard the legitimate rights and interests of the people, have a good effect on law and society, and fully show the nature of people-oriented and civilized law enforcement. This paper focuses on new ways of law enforcement appearing in the current practices of administrative law enforcement in China, and tries to find out concrete similarities and rules to establish law enforcement system really suitable for China, in order to further promote the innovation development of administrative law enforcement in China.The conclusion is "Outlook of the Reform on Ways of Administrative Law Enforcement". The administrative law enforcement reform is like a rill in the grand innovation tide of social management. It is an arduous task and the road is long. Under the background of social management innovation, the reform on ways of administrative law enforcement has some development opportunities in front of it, but will also be faced with some practical obstacles..