Study On Questions Of Administrative Enforcement In China

In recent years, the Entrapment events have been constantly occurring, which caused serious not only material and moral damage to the party, but also severe impact to the executive authorities in the community. Thus the government takes a damaged figure. The text analyzes legal foundation, positioning of value by discussion and research. Otherwise, the text,combined with causes of Entrapment and compared to fundamental situation of internal and domestic law Enforcement, finds out shortcomings and insufficient of internal administrative law and puts up with corresponding solution and recommendations for the shortcomings.The full text consists of four parts, which are asking a question, the implications of analysis, divergent thinking and perfecting the related system. The first part of this paper introduces the case and raises some questions:the first question is about relation between entrapment and code of criminal procedure, which is proved entrapment is born out code of criminal; the second question is about the necessity of entrapment, through the case analysis, and we reach entrapment having its special value, which is punishing a man breaking the law, safeguard public order and realizing administrative efficiency; the third question is whether the way for obtaining evidence is legal, while law enforcement officials seduce one who has no intention against the law to commits a crime,or to frame up him to against the law, the way for obtaining evidence is illegal, in other words law enforcement officials provide only a chance to one having intention against the law originally, then the way for obtaining evidence is legal. The second part analyzes the question. First of all, it defines legal concept of ’Entrapment’which appears in the case and points out visual meaning for ’Entrapment’. The origin and definition and features for the legal concept of trap evidence are discussed in the subsequent articles. The text uses the dialectical view to analyze the way of obtaining evidence. On the basis of it, this paper puts forward the legality of administrative evidence. The author expounds the administrative evidence concept as well as the legal proof standard based on the case and gets the conclusion. Then based on the final judgment and the distribution of burden of proof, this paper analyses the question for the administrative organ disturbing independent verdict according to the relevant laws and documents. After that the reason of being abused and the existence value of entrapment are analyzed. It is mainly due to economic interests but not keeping the social public interests, and the tipstaff are just thinking about themselves. But the Entrapment has its value of existence and should not be completely banned. In the third part of this article, author puts forward the viewpoint to perfect the system mentioned in the case.