The Inquiry Into The Liability System Of Administrative Law Enforcement

As a new administrative superintend system, the liability system of administrative law enforcement which arose from the practice of the local law work is an inevitable result of social and political development when China is in the period of social transformation in the 1990s'. The formulation and implementation of the liability system of administrative law enforcement is a very important approach in advancing the administration by law of the governmental entities. Under the influence of negative factors, it has not been studied in theory profoundly and comprehensively and has lots of defects in practice. Therefore, it is necessary and urgent to do research into the liability system of administrative law enforcement systematically from the aspect of theory by basing on the general plan for building up a state of socialist legal system to administer the country according to law.This thesis has four parts. Part one is the fundamental theory of the liability system of administrative law enforcement. In this part the author tries to analyze and probe into the theoretical basis, the concept and the content of liability system of administrative law enforcement. Part two is the formation and development of the liability system of administrative law enforcement. In this part, the author reviews the formation and development of the liability system of administrative law enforcement briefly. In the meantime, the author illustrates the inevitability and direct causes of the formation of the liability system of administrative law enforcement in China. Then, the author reviews the development of the liability system of administrative law enforcement in China and sums up the achievements of carrying out the liability system of administrative law enforcement in China. Part three is the analysis of the problems occurred in the implementation of the liability system of administrative law enforcement in China. In this part the author puts forward seven problems which hinder the effective implementation of the liability system of administrative law enforcement in China. The first problem is that the contemporary system of administrative management is still not mature. The second problem is that there is no formal law to regulate the content of the liability system of administrative law enforcement. Thirdly, the incomplete consciousness of the working staff of the administrative law leads to the incomplete implementation of the liability system of administrative law enforcement. Fourthly, the difficulty exiting in dividing the concrete liability of the liability system of administrative law enforcement makes it hard to implement the liability system of administrative law enforcement. Fifthly, the comments and the check of the liability system of administrative law enforcement are unscientific and inconstant, which leads to the loss of the effect of the of the liability system of administrative law enforcement. Sixthly, the instrict punishment of the illegal behavior of the working staff in this field makes it hard to achieve the aim of the liability system of administrative law enforcement. Finally, the lack of variety of the supervising body of the liability system of administrative law enforcement makes the loss of the exterior impetus in the implementation of the liability system of administrative law enforcement. Part four is the countermeasure and suggestion of making the liability system of administrative law enforcement become more perfect. In this part, the author puts forward some suggestion to deal with the problems occurred in the process of carrying out the liability system of administrative law enforcement.Since the liability system of administrative law enforcement in China is still in the primary stage, it is necessary for us to probe into the system to make it more mature so that it can exert the effective influence on the process of building up a state of socialist legal system in China.