The Entrusting Administrative Law Enforcement

After the start of the Greeks, Romans, Hebrews, the first law, largely re-flected the experience of the older stuff inside the customs to perform a legal procedure only. Thus, the social rules obtained its universal form. In order to ensure the application of this rule must differentiate from the community to protect the people of a particular force the realization of the rights and obliga-tions. To maintain the main body of this power must be living in detached posi-tion, while the rights and obligations shall be sufficient to maintain the social authority. Because no one is allowed to hear his case because his interest would certainly bias his judgments occurs. To ensure the application of the law, society will divide out a special force--public power. This is the origin of public power.In modern society, public power is usually refers to the process of public administration, government officials and relevant administrative departments have and exercise, to deal with public affairs, to maintain public order, enhanc-ing the power of the public interest."From the original of speaking, public authority created in order to maintain social order, promote the public interest. Public power is actually running the operating mechanism of power applied to the economic, social and public affairs Being, thus achieving a certain degree of economic and social objectives.Theory of class struggle, the country's primary function is to carry out the violence of class rule machines, followed by the social management. State as usual, is the most powerful, economically has become a dominant class, state, country by means of this class has become politically dominant class, which had led to repression and exploitation of new means of the oppressed class." There-fore, the state's primary function is to protect its dominance of one class and special interests and to exercise the right to rule on other classes of machines, followed by the handling of public affairs, public authorities, and thus to obtain" a socially Something outside and above society, "the universality of the halo as "full of political rule, to perform certain social functions, based only on its po- litical rule and the implementation of its social functions only when this continue."Administrative power is a kind of political power, it is the national execu-tive forced to rely on specific means for the effective implementation of the na-tional will of the whole society based on constitutional principles, the ability to manage.According to the principle of state monopoly of public power, the public power exercising organizations should be democratically controlled in principle, and the public power should not be entrusted to the non-administrative organi-zations, which is the inherent limit of administrative entrustment. Based on this limit, the administrative entrustment theory in China should be further reformed radically and its implementation should be diminished, as well as the adminis-trative scope should be adjusted properly.The modern society with rule of law emphasizes decentralization and the socialization of public authority, that is, other organizations and individuals who are in accordance with the legal conditions can be entrusted to execute the public authority of the country. In this way, it can not only improve the self-governing level of the society, but can provide more opportunities for the public to take part in the management of the public affairs of the country. With the expansion of administration scope, and complication of administration business, in order to further enhance the administrative efficiency,the administrative organ often gives its own authorities to other organizations to exercise by the way of en-trustment. The administrative entrustment becomes an important content in the modern administrative Law gradually. Although other organizations and indi-viduals can be entrusted to execute the public authority of the country, it doesn't mean any public authority of any government agency or any kind can be entrusted. The entrusting of public authority must be carried out within the legal limits according to the legal conditions and procedure, it mustn't be carried out im-properly, not to mention going beyond the legal limits. The research on entrusted administrative enforcement of law is aimed at urged by the client commissioned by the legitimate exercise of the terms of reference, relative to maintain the people's interests. The administrative entrustment becomes an important content in modern administrative law gradually. But our legislations now is imperfect to the administrative entrustment stipulation, still have many problems. The ad-ministrative entrustment has not been made the unification stipulation; the en- trustment jurisdiction, on has not been made the explicit legal limit; the en-trustment object has not unified standard; the entrustment by the lack of review and supervision mechanisms. In the administrative organ entrusts randomly. The entrustment practice, the behavior is illegal; the entrustment procedure is not standard. Only strengthen the relevant law of administrative entrustment and improve the law basis of it can we solve the disordered situation of " no law to obey " and " law that is hard to obey " of our administrative entrustment. While the administrative laws and rules of our country are being amplified and improved, the corporate support officers are still can't be protected by the law and are in a very embarrassing position. I hope more and more attention will aim at such a special group.The author carries on the elaboration from three aspects to the administra-tive entrustment through the comparative analysis and the dialectical analysis methods. The first part is concept definition administrative entrustment. The second part is related to the point of departure from reality. The entrusting ad-ministrative law enforcement in the concrete practice and in Chinese laws and regulations of the provisions of a process and analyzed the cause of the problems and questions and to the plan. The third part is the author through which a person can be entrusted with administrative enforcement of the subject with the practice of administrative support a corner of the real situation for china's current man-date of administrative law enforcement situation of reflection. The author has accurately definite the meaning of administrative entrustment.