Research On Some Questions About Administrative Enforcement

Many problems about the administrative law enforcement of our country were exposed in two "fishing law enforcement" cases happened in Shanghai. This article is composed of four chapters. Chapter one:the narration of the cases and the problems involved. Chapter two:analyses about the problems. Chapter three:some thoughts about these cases. Chapter four:the consummation on correlative system. In this article, the author made some comprehensive analyses about the illegal circumstances of administrative act on the case of "fishing" law enforcement against the background of the principle of law-based administration. At first, the author made an introduction about the concept of "fishing" law enforcement by narrating the whole process of the case, and then expounded the concept and the origin and the classification of "fishing" law enforcement one by one. After that, the author analyzed the legality of administrative evidence about the case of "fishing" law enforcement, and made a decision that the procedure was illegal and the evidences were not appropriate. Then the author expounded the situation that executive authority interfered with judicial trial at this case, which violated the principle of law-based administration, and analyzed the problem that the distribution of the burden of proof between complaint and defendant was unreasonable, which was leaded to by the situation of administrative interference. The author made some additional discussion on how to definite the illegal operation and on the problem that the administrative enforcement action if constituted a crime. At last, based on foregoing discussions, this thesis gave some suggestions about the consummation on correlative system, served as a modest spur to induce someone to come forward with his valuable contributions.