Study On Humanization Of The Enforcement Of Administrative Law In The Country Under The Rule Of Law

Humane administrative law enforcement is a new concept in modern administrative country, it is the essential requirement of the rule of law country. Humane administrative law enforcement is administrator in strict compliance with the law, under the respect legitimate rights of relative people, according to the normal procedure for the non-discriminatory and humane, rational law enforcement activities. The way of humane law enforcement needs change of the law enforcement innovation. Therefore, the humane administrative law enforcement of the rule of law country has become a new research topic and has important significance.Addition to the introduction and epilogue of this paper, is divided into four parts to study and argument.The first part introduces the humane law enforcement in the administrative country of the meaning of human nature and theoretical basis. In this paper is divided into two aspects were discussed. First:the meaning of human nature in the humane administrative law enforment under the rule of law country. The first point, the definitionthe of the humane law coutry and humane administrative enforcement. Its core content of law country is: govern the country according to the law, equality before the law, any organization or individual are not entitled to the privilege outside the law. In democratic countries, the main purpose of the rule of law is to protect the interests of the majority. The humane. referring to the care of people, human values and dignity, personality and spirit, survival and life, reality and the ideal, the truth of the fate and future concerns. And why study the humane under the rule of law country. The second poin, is the meaning of human nature under the rule of law country. Humane law enforcement must follow the law and due process of law activities. Meanwhile, humane of law enforcement should also ensure that human legal rights of the parties are respected. Therefore, law enforcement is reflected a kind of humanistic care. The third point, the contents of humane law enforcement in the rule of law country.Focused on the nature of humane enforcement in the rule of law country. The first part of the fourth point is introduce and discuss the conflict of the humane law enforcemant and the rule of law country. Second part is the theoretical basis of human nature in the rule of law country. This paragraph is mainly based on human nature and the rule of law two parts. The basis of humanity is divided into the following points: First, national policies and guidelines. Second, the administrative enforcement of human nature is the "people-oriented" basic values and human rights protection. Third, the way of the humane administrative law enforcement to achieve.The basis of the rule of law is divided into the following points:first, legal basis. Second, the constitutional basis.Third, the administrative law basis.The second part from the present situation of humane administrative law enforcement in the rule of law county, mainly from the benefit and unbenefit aspect humane administrative law enforcement under the rule of law country.there are factors that have legislation in favor of human and administrative enforcement of humanity. Unfavorable factors have failed to observe a denial of justice, abuse of power, administrative dereliction of duty, and for the example of the favorable and unfavorable factors. Subsequently, the author analysis of humane law enforcement status, one is to see humanity from the rule of law and rule of law is not conducive to the implementation of human nature; the other is from the human to see rule of law. human of how not conducive to the implementation of the rule of law. Have made fully discussed.The third part of this paper is an important part.study humane administrative law enforcement under the rule of law country,set out the special principle of humanity. Although this part is included in administrative law, there is not any apply problem of some basic principles of administrative law, but the author is proposed special principle of humanity based on the tradition principles of administrative law.First, the principle of legality of humane administrative law enforcement.The principle of legality of humane administrative law enforcement is "the existence of executive power, the Chief must be based on law. consistent with law and shall not conflict with the law." Also discussed on the legitimacy of the "law" development path. Second, the principle of human dignity of humane administrative law enforcement.The specific requirements of human dignity has two aspects:First, is the negative aspects of the request, the State respect to human dignity. Second, a positive aspect of demands, requiring the State to "protected" human dignity.Requiring the State should be committed to protecting the dignity of every person from outside the country the power of the violations, and to promote each person has dignity to live, the basic conditions for development. As for the principle of dignity has two basic bottom line is:the basic bottom line is our constitution, and the other bottom line is dignity. Third, the principles of humanity of proportion.Its discussed concept and content.The fourth part of the paper is discussed realization of humane law enforcement under the rule of law country, this part author present implementation choice of humane law enforcement under the rule of law country, author believe that there are three paths to e, the first, achiev the rule of law country and then the humane administrative law enforcement; the second, achieve humane administrative law enforcement and then the rule of law country; third, the rule of law country and humane administrative law-enforcement to be achieved simultaneously, author believe that the first path is more reasonable. The reasons are:First, the rule of law country is basis conditions to achieve the humane administrative law enforcement. Second, the only ensure that in the rule of law coountry is better implementation humane administrative law enforcement.Achieved the rule of law country is a long process, not easy, how to achieve stability, it should be following points:first, the correct concept of cases is to increase the level of humanity the premise of law enforcement. Secondly, to improve the working methods of law enforcement is to effectively improve the level of human focus. Third, strictly abide by the law enforcement administration is to effectively improve the level of human priority. Fourth, serious human handling discipline is to improve the level of law enforcement the necessary guarantees. In short, although the external environment, law enforcement officers, the implementation of the object, policies, regulations and directives and other factors, the humane administrative law enforcement is still a long way, but as long as the administrative departments establish the concept that humane administrative law enforcement, effectively in their daily law enforcement work, the social harmony and stability will certainly play a improant role in promoting humane administrative law enforcements and will be effect greatly improved.