Study On The Chinese Administrative Law Enforcement Rationality In The Visual Field Of The Duty Of Care

With the growing awareness of democracy and legality, the public increasingly concerned about the administrative process as an integral part of the administrative law enforcement, especially for law enforcement is in the public expectations, whether reasonable and fair justice issues, it is often into the public spotlight. This is for administrative enforcement of the rule of law put forward new demands, the traditional measure of over-reliance on the principle of legality of administrative law enforcement model has been inadequate, the availability of reasonable administrative enforcement by the people more and more attention. However, with the administrative law infringement cases concern the public gradually, our current theory of administrative law enforcement and reasonable defect is gradually becoming prominent.Article is divided into five chapters:Chapter I introduces the common law of tort law as a field of duty of care existing studies of this theory, the theory through the study of the existing order, for the following to the theoretical perspective of doing further study foreshadowing.ChapterⅡthrough the duty of care and the reasonableness of the relationship between administrative law enforcement to start, through careful analysis of the current academic obligations and reasonable administrative enforcement of relevant research, and administrative law enforcement to establish a reasonable duty of care between the logic of relevance, feasibility studies will duty of care to introduce the theory of administrative law enforcement reasonable possibility.ChapterⅢanalyzes the reasonableness of the current law enforcement problems exist in reality, focused on the current interpretation of the reasonableness of administrative law enforcement in the theoretical and practical level the difficulties encountered, indicating that the introduction of duty of care to alleviate the reasonableness of the current law enforcement problems in need of. Chapter IV on creative proposed duty of care to build the system of administrative law enforcement vision, by drawing on the field of common law tort duty of care system, initially built area of administrative law enforcement system and the content of care obligations.Chapter V is a development and improvement of care obligations by enhancing the applicability of administrative law duty of care constitutes a clear and established administrative law duty of care standards, improve the relief system of administrative law enforcement supervision, the establishment of administrative law enforcement deficiencies duty of care in five areas of judicial remedies to achieve a reasonable theory of administrative law enforcement and improvement of the system.Chapter IV and Chapter V of this paper are the core focus of this article.