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Studies On The Right Protection Of The Relative In Integrated Law Enforcement Of Urban Management

Posted on:2011-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:T LiuFull Text:PDF
GTID:2166330332482348Subject:Constitution and Administrative Law
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Studies on Integrated law enforcement system of urban management begin at the setting up of the system of relatively centralized power of administrative punishment, which plays a very important role in the strategy of administration according to law and even in the strategy of the rule of law in China. Integrated law enforcement system of urban management finds an opening for the Reform of Administrative-Law-Enforcing System and is an innovation that standardizes the action of administrative enforcement and improves the reform of the administrative system, which aims at solving the problems of horizontal conflict of administrative power and the vertical problem of administrative efficiency in the field of the administrative enforcement. The introduction of Integrated law enforcement system of urban management have achieved a great success over the past thirteen years and has basically solved the problems of duplicate law enforcement, overlapping law enforcement and cross law enforcement, which has enhanced the effectiveness and strength of administrative law enforcement. But there are also many practice problems because of the defection in Integrated law enforcement system of urban management and the lack of theoretical research. These problems result in sharp conflicts between the law executor and the relative person and fail to respect and protect the right of the relative person. Under the administrative notion of "construction of rule-of-law government and service-type government", this thesis analyzed the violence in law enforcement and violent resistance to law in the process of Integrated law enforcement of urban management form the angle of protecting the tight of the relative person. Concerning about the problems in the practice, this thesis also presents several measures of perfecting the Integrated law enforcement system of urban management in China in the hope of that the law enforcement officials can enforce law by law and fully respect and protect the human rights of the relative. The main text has three chapters:The first chapter mainly defines the conception of Integrated law enforcement system of urban management.This part firstly analyzes the connotation of the Integrated law enforcement system of urban management and then, analyzes and generalizes the origin and characteristics of the Integrated law enforcement system of urban management so that we can gain a grasp of this system as a whole. Finally, it clears the great significance of the scientific and civilized law-enforcement in urban management on human rights protection, so that it can better guide the practice of law-enforcement in urban management. The second chapter analyzes the situation of human right protection of the relative in urban management. In this chapter, I firstly affirm the achievements of law-enforcement in urban management, and then by analyzing the "fishing enforcement case" and "demolition case", I find there still exists some problems in Integrated law enforcement system of urban management: confusion of responsibilities of the subject of law enforcement; disorder of the procedures of law enforcement; low quality of law enforcement of icals; defect of supervision and relief system; lacking of supporting regulations in urban management and so on, which are the basic reasons of repeated conflicts between the law enforcement officials and the relative and frequent appearance of violent lap enforcement and violent resistance to law. This part, the author strove for concerning on the new arising situation about Integrated law enforcement system of urban management and analyzing entirely and deeply about the problems and reasons of Integrated law enforcement. Chapter 3 mainly put forward the countermeasure for ensuring the human rights of counterpart by enhancing Integrated law enforcement. Aiming at the several obvious problems happened in the process of law enforcement practice which have been mentioned in Chapter 2 such as unclearness of the scope of enforcement and rights, procedure confusion, dislocation of the concept of law enforcement officers, lack of comprehensive use of legal capacity and the imperfection for urban management and supervision of law enforcement related ancillary relief system and the system, the author advanced a series of strategies and ideas from establishing the principles of law enforcement especially, remodeling the concept of Law Enforcement, making procedure lawful, building high quality law-team, improving the supervision and relief mechanism of urban management and making the related supporting system of law enforcement perfect.The author tries to enhance the countermeasures to promote the operability, according to City synthesis law enforcement, respect and safeguard human rights of the basic law counterpart.I believe, that China's urban comprehensive enforcement system and the continuous improvement of the urban management can be certainly science and civilization, which can realize to law enforcement, and management of the cities in order to fully on the care and concern to keep the city, the city and order the balance between, utmost ground to promote the harmonious development of modern city.
Keywords/Search Tags:City synthesis law enforcement, right protection of the relative, supervision and helping system, supervision of the law enforcement in urban management
PDF Full Text Request
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