Study On The Legalism Of The System Of The Administrative Enforcement

How to administrate a country has been being hardly explored for a long period of time.History and practice tell us,nomocracy is the best pattern we can find so far, which has been widely adopted in modern countries nowadays.Legal administration is the core of nomocracy,while whether the legal administration system meets the requirements of nomocracy or not determines the degree of legal administration to great extent,and it directly influences and restricts the realization of our nomocracy's goals.Therefore,to make the administration system legally plays a key role in China's construction of socialist legal system.However,in the practice of administration,the phenomenon of administration beyond law objectively exists.If this problem is let alone without great emphasis,it will not only effect the overall situation of reformation,development and stability seriously,but also block the process of governing country and administration legally.Consequently,it is urgent to reform the present administration system,and then realize the legal administration gradually.Based on the analysis of the practice and the comparison with relative foreign experience,This paper emphatically explores China's path to the legalization of China's administrating and law-executing system.This paper consists of for parts.The first part discusses the relative theoretical issues,pointing out that the g administrating and law-executing system is an organic system constituted by the body structure of administrating and law-executing,legal duty and responsibility of law-executing,law-executing procedure,operating mechanism and it's relative laws system.Legalization of administrating and law-executing system is the legalization of body structure of administrating and law-executing,legal duty and basis of law-executing,law-executing procedure,operating mechanism and internal harmony.The second part emphasizes on the practical investigation,exposing the primary problems which the construction of Legalization of administrating and law-executing system in China are facing, through the survey and analysis on the problems existing in the reformation on fight of focus penalty in city administration in Jinan city Shandong province and all the reasons related.The problems are as follows:the idea that men's will should be the body structure of administrating and law-executing is still overwhelming,The transverse crossovers and lengthways overlap among the rights of administrating and law-executing are very serious,the supervising and restricting system is still to be improved,and so on.The third part introduces the relative experience of the western developed countries and the inspiration to China's Legalization of administrating and law-executing system as follows:By reasonable mechanism,we should make the administrating and law-executing nonprofit,ensure the relative individuality of administrating and law-executing,make it sure to administrate and execute the law by following the principles of nature and justness,and guarantee the efficiency of administrating and law-executing,etc.The fourth part discusses how to realize the Legalization of administrating and law-executing system in China,from such different aspects as organization,harmonizing and supervision of law-executing,ect., based on the practical investigation and comparative study.