| Enactment and implementation of the Law of P.R.C on Administrative Penalty in 1996 brought about successive pilot projects of relatively-concentrated administrative penalty mode and established the institution of Enforcement of Administrative Law. Now in the 21st century, following success of the previous pilot work, law enforcement is carried out in most of the cities in China, including seats of various counties and towns. The effective law enforcement has solved initially such mechanism problems as multiple administrations, repeated penalty and harassment to the citizens in executing the law. However, cases of violent enforcement of the officers and violent resistance from the peddlers keep emerging and city management becomes a hot issue of social dispute and public opinion. In the thesis, I will probe into the knotty problems in law enforcement, analyze the interior reasons and explore solutions to these problems with the hope to overcome deficiencies in the existing system and mechanism, and contribute to the building of harmonious city management.The thesis contains altogether five chapters.Chapter One, Account of Essential Problems in Law Enforcement, defines the terms such as city, city management, administrative execution and law enforcement and elaborates on the historical background and development of the Enforcement of Administrative Law.Chapter Two, Current Status of the Execution of Administration in the World, aims to introduce and compare the enforcement of administrative laws in Republic of Korea, America, Germany, Hong Kong Special Administrative Region of China and Chinese mainland, which might lead to better comprehension and interpretation of our present problems.Chapter Three lists major problems in enforcement of administrative law in China. On the part of executive officers, the well-acknowledged problems include negative public image, monotonous mode of law enforcement, various corruptions, low quality and lack of professional training. While in terms of society and mechanism, we might admit that public opinion is biased toward the weak, and the object evaluation system is not reasonable enough. All may lead to dilemmas in law enforcement.The fourth chapter continues to analyze the subjective and objective reasons underlying these problems, such as the prejudiced notion against city administration, the unscientific personnel management, the incomplete supervision system, ambiguous division of powers, lack of necessary legislation and guarantee mechanism and so on.So in Chapter Five, the author proposes some solutions towards the above-mentioned problems. To name just a few, a clear definition of external mechanism for the Bureau of Enforcement of Administrative Law; improvement of the social environment for law enforcement; amelioration of the relationship between mass media and city officers; establishment of performance evaluation system; adjustment of the cooperation between law enforcement and public security force; acceleration of infrastructure building; melioration of supervision mechanism and exploration of new methods of law enforcement. Each will contribute to the perfection of the execution of administrative law and help to improve the public image of the officers.Thus through scrutinizing and analyzing the existing problems in city law enforcement, I probe the causes and suggest solutions with the belief that enforcement of administrative law is necessary and progressive now and will be beneficial and humane in the future. In tackling the problems, no single party is powerful or effective enough because it's a huge task and can only be fulfilled under collaboration between and improvement of the individuals, the society and the government. |
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