On The Protection Of The Personality Right In The Administrative Law Enforcement

At present construction of harmonious socialist society has become a common understating of the whole society. As the subject of social service and administration, administrative organs should adjust their behaviors to meet the needs of new era and strive to move forward the construction of harmonious socialist society. Both humanistic legal execution and construction of harmonious socialist society are important contents of national modernization. The former is also an important prerequisite and contents of the latter. In the administrative law enforcement in protecting human rights and fully displayed the rule of law era of social progress and civilization, and building a harmonious society is an important aspect of the rule of law on the entire country's environment has a positive impact on long-term stability. The construction of harmonious socialist society cannot live without the full implementation of the former, and the core notions of humanistic legal execution also go with the aims of harmonious socialist society.As a people-oriented state and society should be the ultimate goal, rather than merely as a means of achieving other ends. The modernization process is the comprehensive development of a sound and comprehensive process, but the community still exist in the enforcement of administrative law enforcement officers the right of citizens personality uncivilized behavior personality and even violations of civil rights acts, reflected for a long time in the course of administrative law enforcement some flaws, but also reflects the people on law enforcement and the rule of law a distortion. Therefore, we should not only further promote the rule of law in a big way, but also improve the nation's literacy awareness of the law and the rule of law. Humanity is their original legal meaning, not only to popularize the knowledge of law, the concept of rule of law should be the people, all the people on the legal culture of loyalty, faith in the rule of law, our country will be built as quickly as possible into democratic rule of law.To persist in enforcing the law humanity is the essential requirement of the administrative organs to carry out"three represents"principles. Only handle the cases in conformity with legal provisions in good behaviors like equality, humanity, honestly and self-discipline, could the people's administrative paying the political and social responsibilities, which real attain the principles that wield power for people, concerning with people make benefit for people and work for people. The mode of government enforcement of law, which embodies relations among subjects participating the enforcement is the representation of government power. To reform the mode is to modify these relations which concerns the ideal of enforcement of law, the system of enforcement of law and its relation with judicature, etc. In order to achieve these goals, we should adhere to the democratization of administration, reinforce the openness and participation, unify laws and regulations and safeguard human rights, especially pay attention to the significance of administrative procedure, citizen's rights and the concept of the third party in administrative process, and the relation between administration and judicature.Enforcing the law on the basis of human nature means taking people as the subject and purpose, taking human rights and humanity as the basic principle, connecting the educational function and punishment function of law, and looking after the unity of enforcing law farley and the effect of enforcing law. The whole practice of enforcing law on the basis of human nature depends on making law, enforcing law with the methods of hard and soft, civilizing the idea of enforcing law. Arranged by a rational system which is not controlled by people's emotion, the law is merciless, and it's essentially composed of rigid legal norms, which have been thought over and over, written down and rewritten for many times by the legislators. So it is extremely tight and has no negotiation. From this point, the law is cruel. But we should also be aware that the purpose of the legislation is to make the society in good order, with harmoniousness and peacefulness. Law has both the functions to punish crimes and to serve society and advocate the fine social conduct. Nowadays"humanity first"is regarded as the value orientation of"rule of law". The execution of the law can be taken in more flexible ways to show humanity considerations on the premise that the executors should obey the law. The law is intangible and its authority implies not only powerful strength, but also moral inspiriratuon.The legal norms are rigid and strict, but the execution of them can be taken with variety, such as rigidly and flexibly. The more humanization means we take, the more intimate knowledge and approbation with the law the public will have. Laws should and must integrate themselves with the society; in other words, they are not the things indifferent, cruel, or lacking humanity. Humanization makes the execution of law back to a normal condition and makes everyone respected and cared, whatever he or she has done illegally."People first"makes a person be the just element of our society. The administrative execution is one of the main approaches to enforce the law, and humanized law enforcement may make law be carried out and implemented on the one hand, reflect the law and human nature at the same time, further the relation between the government and common person, and reflect the government's service function. Humane law enforcement is the current relatively hot topic, many localities and departments have promulgated relevant provisions of humane law enforcement. But what is humane law enforcement, what its meaning is, how to determine the boundaries of human nature, etc, in the theoretical circle lack of in-depth study and understanding of reunification. It is a complicated and systematic project, which needs long-time and hard efforts.The trend towards humanization administrative law enforcement calls for a revolution in the ideology of law enforcement and an innovation in the enforcement system. In administrative law enforcement the ideal of human-based enforcement should be emphasized,humanism in the enforcement system should be cultivated, and every individual's value and dignity, his existence and life, reality and ideal,destiny and future should be considered thoroughly. It can be said that the way that laws and decrees are executed carries with it peculiar values and moral criteria. Prevailing ideologically in the administrative execution of law should be values and moral judgment based on the respect for every individual's basic human rights; the subjectivity of the counterpart and someone should be valued, their lega1 rights and benefits should be protected, and their human dignity should be particularly respected. Therefore, the study of the humanization of administrative law enforcement is of great significance.The author attempts to study the above-mentioned problems in the following three aspects.On the first part of the administrative law enforcement should focus on the protection of the right personality. Personality simple reference to the purpose of administrative law enforcement and that the administrative law enforcement in the protection of the right personality practical significance, and put forward China's current administrative and law enforcement in the protection of the right of personality and not enough intensity, there have been some non-human imagination.The second part on the personality of law enforcement in the protection of the right to theoretical research, first of all, that the administrative law enforcement orientation and the value of the modern concept of the rule of law on the protection of the right to the requirements of personality, and then from the spirit of the Constitution, on the legal basis of administrative law enforcement in the protection of the right to the basis of personality. Finally the administrative law enforcement and personality conflicts between the right and interaction that the process of law enforcement in protecting human rights is an essential requirement of the rule of law, and the achievement of a harmonious socialist society is an inevitable link purpose.The third part of the administrative law enforcement measures to protect the right personality to think that the law enforcement officers should establish a legal sense, and strengthen professional ethics education, but also relative to the establishment of the legal status, and raising people's awareness of the law, strengthen legal knowledge, then ensure that the legislative side of the realization of human law enforcement, so that the law enforcement system, protection of human nature, so that law enforcement responsibilities clear, and perfect the supervision mechanism and finally to improve the administrative relief system, the protection of the right to personality in the administrative law enforcement to maximize.