In The Process Of Administrative Law Enforcement Protection Of Personal Liberty

Administrative law enforcement and personal liberty protection, essentially, are not in conflict with each other. But from the perspective of the realistic situation, there are still many insufficiencies in the process of administrative law enforcement, the phenomenons of infringing personal liberty occur very frequently. Personal liberty's human rights attribute is the standpoint of this paper. It is in this sense, the protection of personal liberty's theoretical origin being talked about in this article just is various international conventions on human rights.Overall,this paper is divided into introduction, text and epilogue. In the introduction, it briefly illustrate this paper's background, significance, key content,etc. The text is divided into three main parts:The first part , elaborates the concept of administrative law enforcement, and points out that the "law" in administrative law enforcement, including not only the legislature's enacted law, also want to respect and safeguard human rights. The "substantive law"in the administrative law enforcement, including not only legal rights,but also human rights; The administrative law enforcement of "procedural law", including not only the legal procedures, but also due process. On this account,to change the administrative law enforcement from a single rule by regulations to ruled by regulations and ruled by human rights simultaneously.The second part of this paper introduced some relevant system of the personal freedom in the administrative law enforcement. Systems involved with personal liberty in Administrative penalty include administrative detention, punishment of rehabilitation through labour; Systems involved with personal liberty in administrative coercion, include restriction interrogating a lien, compulsively isolation, compulsory rehabilitation, etc. Next, elaborated the practical difficulties of guaranteeing personal liberty in the administrative law enforcement.The inner conflicts between administrative law enforcement and the protection of personal freedom mainly displays as below: law enforcement officers have weak consciousness of human rights; Insufficiency of enforcement basis ; Illegal law enforcement. The external predicament of the protection of personal freedom displayed in the administrative law enforcement mainly are: contradictions between the statutory of personal freedom and the discretionary character of administrative law inforcement;imperfection of relief system;delay of related research.The third part mainly talked about some ideas and proposals to improve the protection of personal freedom in the administrative law enforcement: the principle of law-preserving, the proportion principle,and the principle of due process should be abided by among all the principles of principles system of the protection of personal freedom;In the establishment of the administrative enforcement of personal liberty protection program, we should perfect told and hearing system, course system, the opposition system; In personal freedom protection, administrative law enforcement relief system in China should perfect the administrative reconsideration system and administrative litigation system, administrative law enforcement national compensation system; To perfect the relevant legislation of personal liberty protection ,we should review and improve existing laws and regulations, innovate legislation contents and bulid a connection with international human rights lawAt the epilogue part, it briefly summarizes the full paper.The innovations of this paper mainly displayed in the next respects:first of all ,the selection of the subject is novel. This paper's research objects are in the administrative law enforcement process, according to the protection of citizens' personal freedom and perfect relevant system. Secondly, the paper is based largely on the theory of human rights law level. Finally, this paper also paid much attention to case analysis.