An Outline Of The Administrative Enforcement Process Environment

Chinese administration embodies the spirit of'rule of law' from the system of governing to performing law, but as a whole, the process of administrative performing law still exists lots of non -rule-of-law phenomenon. And the reform of administrative performance is not only limited to the reform of the way and methods to govern, but also relative to the government's entire reform including the aim, system, function of administration, the way of administrative effect and administrative process. They are also in the process of changing. It is generally supposed that the construction of the legal administration is the real key of rule of law which is under the government's guidance. For the lack of modern tradition of rule of law ,the contradiction between market economy and government's action is tip of the iceberg in the process of reform, and for that the construction of legal administration will be more complex and arduous. This surely leaves some space for the study on the field of administration of rule of law and administrative performance in the administrative law theory.Hayek's 'spontaneous order' gives us an revelation that, it is inclined to be stated in a grand style ,for the rationalism of such phrase like legal administration. In fact the legal administration must be tried and performed step by step. It needs to be paid special attention to the environmental system of their development, and be taken special consideration to the possibility and the technical requirement to the bridge between the ideological model of the rational construction and the performing way of the real world. It is also important to pay attention to the significance of time as a system to generate.From the aspect of the env ronmental system of the administrative performance, an open environmental system which s always in a condition of changing surely will give a significant impact on the construction of the administrative performance and its state of performing. And the legalization of administrative performance can gradually develop only in such an environmental system in which several elements improve and together give influence, although we are against the opinion environment decides everything .It would be a great and concrete evidential work to study on the process of administrative enforcement in an environmental and systematical way, and it seems to beyond my capability. The syllabus of the environment of administrative enforcement thendecides the structure and content of this thesis.The introduction of this thesis gives an brief statement of the real background of the administrative enforcement and its reform, the aim and way to study on the environment of administrative performing process and the categories of the environment. It also emphasizes the significance of the study on the environment of the administrative performing process and gives a general concept of administrative performance.Part one of this thesis introduces the legalization stand-point and different opinions of the administrative performing process and the way to study on the environmental theory.Part two gives a general description of the constitution of environments. Several kinds of environments are selected from the complex environmental elements as the environmental constitution to study on the administrative performance, so that it will be more clearly to study on the influence and effect of these most important environmental elements in optimizing the notion, principle and system of the administrative performance.Part three analyses rationally on the basis of the categories of environmental elements. It emphasizes that how those main environmental elements to promote the progress of the notion of the administrative performance, how to optimize the system of administrative enforcement and its effecting way. And meanwhile it is also a process to analyze how to reduce the obstacle of the legalization of administrative performance.Part four mainly tells the environmental optimization of the administrative performing process. It is necessary to introduce the evaluation of the real administrative performing environment, and the evaluation surely needs the standards. This part chooses and sets several classical stands which gives impact on the administrative performing process and gives a brief analysis. And it also provides a basic thought of the construction of the environmental evaluation system of the administrative performing process by studying the designing technique of the government performance evaluation system.The last part of this thesis emphasizes again the significance and importance of environmental method to study on the administrative performing process.