Illegal Activities Of Administrative Enforcement Procedure And Countermeasures

The administrative enforcement applied to the administrative counterpart by the state using the coercive power plays an importantly practical role in maintaining the public interest and ensuring the effective exercise of the state power, efficient operation of the state power and the legitimate rights of the citizens. The Administrative Enforcement Law issued in June 2011 is profoundly significant for the administrative organizations to promote a sound administrative enforcement system environment and exercise the enforcement means in accordance with the law. In the context of the administrative enforcement legislation, China has further determined an enforcement mode where application to the court for the enforcement is the focus with the assistance from the voluntary enforcement of the administrative organizations. However, problems regarding illegal administrative enforcement procedures still extensively exist in the juridical practice. Those problems are still the fundamental ones that need to be solved in the future practice, following the administrative enforcement legislation. This article takes ‘the analysis on the legal proceedings that Du Yonghong took against the People’s Court of Luding County for the administrative enforcement and administrative compensation’ as an example to discuss the illegal problems in the administrative enforcement procedures of the administrative organizations and recommend solutions to prevent the illegal exercise of the administrative enforcement, so as to serve the juridical practice.This article consists of three parts. Through introduction of the case, this article discussed the problems and made an insightful analysis. In the end, personal recommendations were brought up to solve the problem.The first part is mainly a brief introduction of the case. It indicated the controversial focuses of the case and comments of each party. Meanwhile, it listed the court judgments and the basis. This part largely elaborated on the description of the case in order to fully reveal the whole story of the case and lay the foundation of the issues raised in the second part.The second part is built up on the foundation laid in the first part and summarized the legal issues reflected in the case, i.e. issues regarding the illegal execution of the administrative enforcement body and illegal administrative enforcement procedures. This part sorted out the issues and discussed the reasons resulting in the problems.The third part aimed at the issues regarding the illegal administrative enforcement procedures presented in the case and made several personal recommendations on the prevention of the illegal administrative enforcement procedures in the following five aspects – respecting the administrative counterpart procedural rights, stringently abiding by the Procedure of Service, strictly observing the execution prohibition time of the administrative enforcement, strengthening the education to enhance the quality of the law-enforcement personnel and intensifying the internal supervision procedures.This article applies the approach of the case study and is intended to discuss on a deep level the problems existing in the administrative enforcement. Specific recommendations have been made in this article to promote the administrative enforcement in a legal, reasonable and orderly manner.