Review And Regulation Of Administrative Enforcement Power

Coercive power as the chief executive power of civil rights violations in the most vulnerable to a public authority, in the course of the exercise of administrative body should be limited to protect the legitimate rights of citizens. Administrative coercion as a public authority, which both have a mandatory administrative features of the threats and the fundamental rights of citizens a greater impact. Since there is no uniform standard of administrative coercion legislation, lack of exercise of the right of administrative procedural norms mandatory constraints, leading to administrative coercion in violation of civil rights to run them easily, triggering the conflict between the two. I think we should change the original research perspective, the right to re-examine the administrative enforcement, administrative enforcement by the Legislation of the right.This article focuses on the review of administrative coercion and regulation and is divided into three parts of the right of administrative enforcement Legislation:Chapter administrative enforcement through the first part of the development concept of the right, clearly administrative coercion connotation and extension of the concept. Then, the classification of administrative coercion, features, functions systematic understanding of administrative coercion. The above is a general theory of executive power of enforcement. The second part of Chapter Angle of a constitutional legal right to limit the need for administrative enforcement. Public power theory, theory of popular sovereignty, limited government theory as a starting point in the legislation that the theoretical basis of administrative coercion.Chapter to review the abuse of the right to administrative enforcement perspective, on the one hand forced by the current power of administrative legislation, law enforcement and judicial problems in the field of administrative coercion to cause the abuse. On the other hand the nature of power by the executive body and other analysis, correcting the legal system in China in the regulation of the need for administrative coercion. The third chapter focuses on the legislative power of administrative enforcement, advocate the use of the Legislation of the administrative coercion. Through the analysis of the theoretical basis of administrative law, the author chose to limit the balance of both theory-based research perspective. Based on the principles in the legislation for administrative enforcement of legislation right idea, to prevent possible abuse of power, protect the legal rights of citizens, to achieve the balance of rights and powers.This paper focuses on the jurisprudence of the study, using empirical analysis, literature induction, theory with practice, research methods, through the administrative enforcement power to review, explore the regulation of administrative coercion of the legal basis, intended to regulate administrative enforcement abuse of the right...