The Study On The Questions Of The Nonstandard Administrative Enforcement

With the constant deepen of reform and opening-up, the degree of ruling by law in our country improves greatly, especially in the respect of ruling by law of administration and public supervising systematic. However, being affected by feudal traditional idea and planned economic system for a long time, besides, economy goes through transition at the present stage and the legal system is still imperfect, current situation of enforcement administrative organ's activity is pessimistic, such phenomenon as failure to observe the law, improper enforcement, violate law and infrigement of right, knowingly violate law stil exist in various degree in different fields. The problem is an urgent problem that should be solved currently during the course of the administrative enforcement in our country. Because it's settlement is the guarantee that laws and regulations can realize and citizen, legal person and other organization's legal rights and interests can maintain; it's settlement also the important premise of making administration democratic, scientific and improve the working efficiency, moreover, is the key link of general plan of " running the country according to law and building the socialist country governed by law " that the party puts forward in the 15th National Congress. This thesis start with the concept of " the question of the nonstandard administrative enforcement ", analyze phenomenon of administrative enforcement, conclude failure to observe the law, improper enforcement, violate law and infringe right, knowingly violate law. Then, the author approaches the reason of the problem, including enforcer, target, atmosphere , system ,condition and so on. Among them, the enforcer is primary and basic reason. On this basis, the author has proposed the corresponding countermeasure. First, the quality of law-enforcing ranks should be improved; Second, the highest consciousness of the law should be established; Third, supervisor and restrict mechanism should be strengthened; administration's legal system should be perfect. Among them, perfect administration legal system is external terms, and quality of law-enforcing ranks is the base of solve existing problem in the administrative enforcement.