Relevant System Research On Establishment Of Administrative Law Enforcement Under The Background Of Service-oriented Government

Clause 16 of provides:" The State Council or the people's government of a province, autonomous region or municipality directly under the Central Government that is empowered by the State Council may decide to have an administrative organ exercise other administrative organs' power of administrative penalty. However, the power of administrative penalty involving restriction of freedom of person shall only be exercised by the public security organs." first confirm the system of relatively centralized administrative penalty power with laws in China and provides the laws basis of the reform of administrative law enforcement. Administrative laws and regulations issued by State Council provide suggestions and regulations on the relatively centralized administrative penalty power. With the development of the relatively centralized administrative penalty power in many districts, got a great effect on solutions on cross of the administrative law enforcement, cross of the powers, shuffle of the administrative institution and the quickly expand of the administrative institution. With the development of the market and economy and problems issued by other reasons, the situation of administrative law enforcement's failing to finish its purpose always happened. As a conclusion, the research on the establishment of the systems of administrative law enforcement is necessary and shall be a must. The purpose of the research is to wish the administrative law enforcement can be enforced with laws, reasons and limitation.The research focus on the ways of the research on existing administrative laws and the studies on administrative law enforcement, using the methods including laws analysis, demonstration method and comparative method, and has an efficient study on administrative law enforcement under the background of the service-oriented government. The research has its basis of the loss of the administrative law enforcement on the street vendors without a licence in Shanghai Municipality, the laws structure of the existing laws and regulation, the talk minutes of a street vendor without a licence and some data to provides the necessary of establishment of the administrative law enforcement under the background of the service-oriented government and its definitions and necessity. Besides the preface, the research can be divided into three parts as follows:Chapter One:Definitions and principles on the problems shall be researched.Chapter Two:Describing on the problems and reasons between the administrative law enforcement and the street vendors without a licence. Talk minutes with a street vendor without a licence and the problems he faced shall be on study to find the reasons and problems of the administrative law enforcement. Through these cases, the obstacles for establishing administrative law enforcement under the background of service-oriented government can be found out and helps us mouse out how to find the ways to conquer these obstacles.Chapter Three:Structure on the administrative law enforcement under the background of service-oriented government on the foundation of above-mentioned description and analysis. With the ways of "Definitions- Principles -Obstacles Methods" to provides the methods of the administrative law enforcement under the background of service-oriented government. The research's purpose is to provide the new ways and thoughts on the clearance of the definitions and design of the systems for the administrative law enforcement in Shanghai Municipality now and future. Administrative law enforcement shall get its purpose with the relevant principles and taking the rights of administrative counterpart into consideration to get a win-win situation. The existing of the street vendors without a licence has its own reasons, so the way to have administrative law enforcement with laws and reasons shall be studied with a long time with its practice, and the administrative law enforcement under the background of service-oriented government is a great measure for our system of administrative law enforcement and administrative counterpart in the future.