Research On Flexible Law Enforcement Under The View Of Harmonious Society

As a result of the two thousand years of the feudal system and the influence of the former Soviet Union, the "management theory" has been in the dominant position in China’s traditional administrative, with mandatory for the external performance characteristics, significantly the performance of the chief subject of unilateral,relatively little of any independent right to choose. With the conduct of the reform and opening up, the field of administrative law to follow the market economy development pace of the occurrence of major changes. A number of administrative law scholars, led by Professor Luo Haocai questioned the traditional administrative law theory,they think that the mandatory longer as a characteristic of all administrative acts, administrative guidance, administrative contracts, and a number of non-mandatory behavior has been quietly rising, and is widely used in various areas of administration, they reconstruct the view of traditional administrative law theory. In the part of administrative enforcement, the theoretical point of view for flexible enforcement of the non-mandatory administrative action as a means of enforcement to provide a solid theoretical basis, making the flexible enforcement of this view of law enforcement did not become a "more normal". But we should also see the research on the rebuild of the administrative law theory due to short duration, only a few decades, various aspects is not perfect, and most research is focused on the macro-theory constructed, specifically for flexible enforcement is not a lot. Based on this, this paper firstly formulate the flexible law enforcement concept, characteristics and essence are expounded, after has a more intuitive interpretation on the flexible enforcement, the innovation of the traditional way of law enforcement is expounded in this paper. And then, the flexible law enforcement and realistic function are studied from two aspects of theory and reality. Finally, as to the possible problems that may occur in the flexible law enforcement such as the inclination to be alienated and the deficiency of transparency, analysis is made and some proposals are put forwards.