Conflict Of Interests And Rules In Administrative Law Enforcement

Conflicts of interests in administrative law enforcement are an important reason which leads to Illegal administrative acts. In recent years, mass public affairs break out frequently, which highlights the severity of the conflicts of interests in administrative law enforcement. Conflicts of interests in administrative law enforcement would not only affect the order of private rights, but also pose a threat to the stability of the order of public authority. Administrative law enforcement is essentially a service and management to the private right by the public power. But if the public authority involved in improper way that would lead to illegal administrative acts easily. Illegal administrative acts are public authority's infringement on private rights, which will intensify social contradictions, so that people do not trust the government. To Study administrative power operation under the pattern of interests and make clear the interests'factors in the whole process from decision-making to enforcement has important guiding significance for enhancing law-based government administration and regulating the administrative acts.Parties in administrative law enforcement relationship constitute an interests network. The state, local government and citizens are all members of the interest network. The state is essentially a representative of the public interest. The state's decision should for the purpose of meeting the demands of the interests of the masses. Local Government and civil Servants are the executors of the state's policy and the carrier of public power that should represent the state to fulfill their duties of protecting citizens. However, in practice, civil servants and local government are"economic men", whose nature is seeks profit. So that will easily lead to the tendency of"power corrupted by money". Citizens are element which constitutes the state. The constitution guarantees citizens to pursue fairness, justice, freedom, equal etc. These rights reflected in a series of interests such as the life, health and property etc. In practice, public interest and private interest, local government's interest and private interest, public interest and local government's interest may conflict and be confused. Through case analysis, clarifying the status and role of all parties in the administrative enforcement can help to analyze the causes of conflict and improve the system to regulate.In theory, the ideal model of administrative law enforcement ought to include:the executive body change from single to diversify, the executive process is a combination of static and dynamic, the executive idea should serve both the public interest and private interest .On this basis, making assumption of the motivation of executive bodies:the executive bodies have self-serving motives. They are initiative individuals and have limited rationality. So there ate possibility that the executive bodies would out of track, which will result in the absence or dislocation of the executive power. In the administrative law enforcement relationship, each party has their own demands. Subjecting to limited economic and administrative resources, the conflicts among different interests are inevitable. The administrative balance theory emphasizes that through both constrain and incentive manners to balance power and right. To restrict the unreasonable power and right and encourage lawful reasonable exercise of power and right, then build a balance and harmonious administrative law enforcement environment. The administrative law enforcement should hold the idea of rule by law, democracy, service and harmony. Meanwhile, we should change the executive way, improve the enforcement system and strict the enforcement responsibility. Through redesigning the system to regulate the interests conflicts in administrative law enforcement has important practice significance for the formation of a harmonious administrative law enforcement environment.