The Actuality Of Execution The Law In Basal Administration

This thesis is a comprehensive and systematic analysis of the present situation of legal administration on the basic-level taking Qidong City as one example. The analysis is carried out from two perspectives: Administrative Reconsideration, Administrative Litigation and Execution-level Supervision. This analysis is comprised of analysis of the number of Reconsideration Litigation accepted, the rate of Losing suit, the case of Losing suit, the reason for withdrawing of lawsuit; the comparison among the main execution organs for their job area, fields, legal responsibility and their real execution of responsibility; the comprehensive statistic analysis for the supervise mechanisms'dealing with the lawsuit for administrative inactivities.By doing the analysis, we come to the conclusion: the present situation of legal administration on the basic-levels is not satisfying which is fully revealed by these four aspects: 1) the general administration legal level can not meet the expectation with the imbalance among legal organs at the same level and the imbalance between municipal and country-level legal organs, 2) the imbalanced allocation of legal-execution resources among different areas and different legal organs; 3) the common phenomenon of legal inactivities, and 4) misuse of the right of free discretion. Based on the above, the author does a thorough analysis of the direct reasons for those existing problems in legal administration. The author makes the analysis in five aspects: 1) difference in the quality of legal administration executors; 2) legal resources allocation differences; 3) differences among the legal administration responsibility building systems and execution; 4) various work mechanisms for different legal administration organs in the country-level and 5) the different supervision upon legal reconsideration system and the legalization and rationality for administrative acts. Meanwhile, the author also does an exploration for the hiding reasons behind those existing problems from the perspectives of administration management system, administration legislation, administration legal executionetal. The author tends to find corresponding solutions to all those problems as well during the analyzing.