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On The Authoirty Of City Synthesis Administrative Law Enforcement In China

Posted on:2013-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y HuFull Text:PDF
GTID:2246330371479908Subject:Law
Abstract/Summary:PDF Full Text Request
With the accelerating process of urbanization, city administrative is faced with aseries of issues, such as environment, transportation and other city administrativeissues.The original city law enforcement system is not sufficient to deal with theseproblems, causes the phenomenon such as buildings of the administrative lawenforcement agencies,the Chief bloated ranks of law enforcement,law enforcementdisturbing. Between the various city administrative departments, the administrativelaw enforcement has overlapping responsibilities and low efficient, difficult to forman effective capital management, strengthen city administrative became an extremelyurgent task. In this case, city synthesis administrative law enforcement system cameinto being. Today, the system is effective in addressing city administrative issues, butalso accompanied by many problems. At this stage, the authority of cityadministrative law enforcement is not be clearly defined in China’s relevant laws andregulations, which leads to a series of problems, such as the ultra virus lawenforcement, the terms of reference of the various departments cross and overlap, thelaw enforcement activities chaos. From a legal perspective, investigate the authorityof city administrative law enforcement, clear terms of reference, improve its legallevel, thereby improve the quality and level of administrative law enforcement, whichcan play better city administrative functions, prevent the abuse of law enforcementpowers,and at last achieve the administration according to law.City synthesis administrative law enforcement system is unique to China rarelyis mentioned in the study abroad. China’s jurisprudence on city administrative andlaw enforcement issues is multi-angle. At present, we have found some reasons, therelevant laws and regulations are not perfect, confusion in the law enforcementsystem, and so on, but most of the recommendations focused on improving thequality of city inspectors, humane way of law enforcement and the change in thepattern of law enforcement. The way to improve the relevant laws and city administrative and law enforcement systems are rarely mentioned. Such as theauthority of city administrative law enforcement in the discourse has been involved in,but not devoted.The authority of city administrative law enforcement in our country is discussedin more detail in the course of the study by the following methods: the use oftheoretical studies, study the legal obstacles of the authority of city synthesisadministrative law enforcement from a legal point, try to provide some usefulexperiences for city administrative law enforcement system; comparative analysismethod, study the domestic and international city administrative law enforcementsystem, make a comparative study to improve the recommendations of the relevantsystem; empirical analysis, through the introduction of a typical case and the relevantdata, find the main problems about the authority of city administrative lawenforcement, try to find the deeper reason of the problem.The city’s rapid development has led to new problems in the city administrativeprocess. Once there are new problems, we must expand the terms of reference of citysynthesis administrative law enforcement, which lead to the expansion of the powers.In addition, as a change to the existing administrative system, city synthesisadministrative law enforcement system has touched the original interests of thevarious administrative departments. There is a conflict between city administrativedepartment and other relevant departments to compete for departmental interests.Through the introduce of several relevant case, we find some problems in theauthority of city synthesis administrative law enforcement, which include thefollowing aspects: the legal status of city administrative department is not clear, theexcessive concentration of city administrative and law enforcement authority, Crosswith the other terms of reference of the city administrative department, the lack ofcoordination mechanism between law enforcement agencies.At this stage, China is still no uniform legislation on city administrative, thelegal status of city administrative law enforcement agencies is not clear, whichresulted in the question to the authority of city administrative law enforcement in thespecific exercise, coupled with the purview of the law on city administrative lawenforcement is not clear, leading to city administrative authority in practice can beextended arbitrarily, the terms of reference is often not set through the legislative process. Once new problems appear in the process of city administrative, theauthority of city administrative law enforcement was set with a lot of arbitrary.Driven by sector interests, the various city administrative departments compete forprofit and because of the lack of coordination mechanism between departments, resultin low efficiency of city administrative law enforcement activities.Through analysis the causes of city administrative law enforcement problems,and draw on management experience of the four cities of Berlin, Germany, Tokyo,Japan, Singapore, and Hong Kong, propose specific measures to solve the problem ofcity administrative law enforcement. Firstly, we need to explicate the body and scopeof the city administrative law enforcement from the legislative level, ensure that thecity inspectors according to the law; Secondly, in order to solve the conflict betweenthe various city administrative departments, we must determine the principle ofrational division of the terms of reference between the various departments,and weneed to actively try some new ways, such as Market-oriented city administrative,thereby reducing the burden of city administrative. Finally, we need to strengthensupervision of the City Comprehensive law enforcement, protection of the CityComprehensive law enforcement powers to the smooth exercise, and truly realize thevalue of city synthesis administrative law enforcement system.
Keywords/Search Tags:City Administrative, Synthesis Administrative Law Enforcement, AdministrativeAuthority
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