Legal Regulation Of Administrative Enforcement In China

The administrative enforcement is one of hot topics, which in the recent years were valued gradually in administrative law domain. The system of the administrative enforcement is essential for the country administrative acts, which safeguards the laws and regulations smoothly to be implemented, the administrative potency effectively to be operated and even the social order, the public interest's maintenance to be extremely vital. Therefore the administrative enforcement will take compulsory as its main character, when it carries out, it lacks the good laws to standard and control, then the legal fairness can not manifest, and what we have possessed about the government ruled by law will waste all previous efforts diligently. The method of the administrative enforcement compulsorily enables it inborn to have invading character, how to both guarantee administrative enforce the power to exercise effectively to make its maintain public order and to service public interest function, and to safeguard administrative relative person's legal right not to be suffered, which always puzzles the administrative law scholars. Therefore, the author will analysis the present situation to propose advises through anglicizing some enforce certain questions about the administrative enforcement, which will be helpful to perfect the system of administrative enforcement. This topic will have positive promoter action to perfect the system to our country administrative enforcement, and will perfect the system of protecting the administrative relative person's legitimate rights and interests, so this topic have the great significance to this research.This article altogether divides into five chapters. The first chapter discusses the fundamental research category of the administrative enforcement, clears off its relation correlate to concepts, and clear about its connotation. The second chapter discusses the theatrical bases and basis theory of the administrative enforcement simultaneously discussing the elementary theory of the administrative enforcement. The third chapter discusses the present situation of regulations of administrative enforcement, thoroughly analyzing this present situation, the origin, the existing insufficiencies and the question. The fourth chapter derives the model and the experience through studying the development trend of overseas. The fifth chapter proposes certain suggestions about how to perfect our country the legal rules and regulations of administrative enforcement, mainly including: the legal rules and regulations to administrative enforcement, the legal procedure of law and regulations to administrative enforcement, the principle of the administrative enforcement, the enforcing pattern of administrative enforcement, and the relief system of .administrative enforcement.