The Reform Of Administrative-Law-Enforcing System And The Perfection Of Administrative Organization Law

For a long time, the reform of the enforcement of administrative law has been receiving close attention from the society. One reason is that this reform, which deals with various aspects of the social life, is close to the rights and obligations of the administrative private party. More importantly, there are many problems in the field of enforcement of administrative law. These problems, namely too many enforcers, implicit responsibilities, overlapping functions; the gap in the course of the enforcement of administrative law, inefficiency and delay of performance, have a negative influence on administration and the images of the administrator. This article has done some elementary thinking on the question of the reform of administrative-law-enforcing system of China alone. The first part of the article is to reveal questions existing in the current administrative-law-enforcing system;The second part is to dicuss on the reform of synthetic law-enforcing in municipal administration; The third part is about how to perfect administrative organization law . "The Sudan red incident" in March 2005 caused the crisis of faith on the administrator. There are many reasons for the poor quality of the enforcement of administrative law and the essential one is the administrative-law-enforcing system, which has a direct affect on it. The administrative-law-enforcing system in the field of food security is "agencies in bulk ", which means one agency is in charge of only one part. And the way of administrative supervision is "core stage supervision and supplementary brand supervision". This kind of system is proved to be unsuccessful. The shortcomings of this system include: 1. Too many enforcers which end in high administrative expenditure; 2. The unclear separation of duties causing inefficiency and the gap in the course of enforcement; 3. Repeated enforcement disturbing the order of market economy and infringing the lawful rights and interests of the administrative private party. "The Sudan red incident" calls for the reform of the administrative law-enforcing system. The reform of administrative-law-enforcing system that aims to change" the bulk subjects" is not strange in our administrative practice. A typical example is the relative concentrated administrative punishment power institution in the realm of the municipal administration. The relative concentrated administrative punishment power system means that administrative punishment power of several administrative agencies is transferred to one agency, and that the concerned agencies no longer exercise these powers after the transfer. This system displays the reform of synthetic law-enforcing in municipal administration. This reform alleviates the problems that existed in the administrative law-enforcing system and has great significance in the reform of administrative law-enforcing system. It reflects the principle of efficiency and accords with the demand of simplicity of administrative organizations. However, for lack of unified administrative organization law, the legitimacy of this reform is insufficient. First, it is inconsistent with the principle of "legal official authority ". Second, it does not reflect the demand of unification and consistence of power and responsibilities. Third, it emphasizes on "control ", and violates the requirements of cooperation and service. In view of the administrative reforms in the west like U.S.A., Japan, the common way is that the legislation takes precedence in the course of reforms. It means that they invariably make the corresponding reform laws or the administrative organization laws before the reform in order to regulate the administrative reform, and to ensure the harmony and achievement of the reform. But the reform in China is implemented by the administrative agencies without the regulations of the law and the participation of the public and the legislature. Conveniently, its legitimacy is insufficient and results in the blindness of the system design and the deviation of the idea. In order to guarantee the democ...