Due Process In Administrative Law Enforcement Study

Due process, derived from English common law of "natural justice" principle, became an important constitutional principle of the United States, and by the United States Supreme Court case to be carried forward. The essence of due process requirements and procedures of the main intended use of the right way, step, order, time limits to keep synchronized, effective control of administrative law enforcement discretion to ensure the optimal choice, the decision of reason and justice is realized, excluding willful and arbitrary.Administrative enforcement is that the right executive and other executive organizations, in accordance with relevant laws and regulations, on the administration to take a relatively direct impact of their rights and obligations, or the supervision and inspection of the exercise of their rights and fulfillment of obligations in order to achieve administrative purpose of the specific administrative act.Due process by the administrative law scholars in China more and more attention, the administrative law enforcement should follow the rule of law, due process is the modern trend. Construction of administrative enforcement of due process, the exercise of executive power into the legal system, executive power to protect the civil rights of the purpose of building a harmonious society is the inevitable choice.This article is divided into six chapters.Chapter I: "Fishing the law" legal issues raised. This chapter first "fishing law enforcement", an overview of the concept, and then in Shanghai "10 ? 14" Sun in the analysis of world events, leads to our current practice of administrative law enforcement violations of due process issues.Chapter II: Overview of due process. This chapter first introduces the due process in Western countries, including the production is the United Kingdom, the development in the United States, two basic rules; then discussed the due process in our field of application of administrative law, including judicial practice and the legislative level.Chapter III: Administrative Law enforcement should follow due process. This chapter introduces the meaning and characteristics of administrative law enforcement, and then from the theory and discusses two aspects of the basic elements of due process the contents of the administrative law enforcement building, the final analysis to follow due process in administrative law enforcement necessity and significance.Chapter IV: violation of due process and administrative law enforcement and harm performance. This chapter first analyzes the administrative enforcement of violations of due process of the main manifestations, including the administrative procedure law the way, the steps illegal, the order of law, the period of administrative law and the interests of the relative lack of procedural safeguards; and from the impact of legal justice, reduce the administrative efficiency, breeding administrative corruption, the article discusses administrative law enforcement against violations of due process.Chapter V: Administrative enforcement of violations of due process of analysis. This chapter from the lack of legal and cultural traditions, socio-economic development constraints, the existing administrative procedures, the lag of the law and the reform ineffective oversight of administrative law enforcement is not in place, the concept of administrative law enforcement officers lack the quality of administrative procedures, relative absence of legal protection of the rights of areas of administrative law enforcement violations of due process reasons.Chapter VI: Administration to follow due process of law enforcement countermeasures. Administrative enforcement of this chapter the previous analysis the performance of due process violations, and causes damage based on the provided the solutions. Include: socio-economic development is the fundamental measures, administrative procedures to establish and perfect the legislation, administrative procedures against the law to strengthen monitoring mechanisms, administrative law enforcement personnel to establish procedures for concept, administrative procedures relative to enhance awareness.