On The Administrative Enforcement Procedures

The Standing Committee of the NPC had five scrutiny of the Bill of t-he Administrative Enforcement Law,which lasted twelve years. It was ad-opted by the eleventh National People’s Congress Standing Committee of the twenty-first meeting on June30,2011,and came into effect on January1,2012.The administrative scholars often think that the Administrative E-nforcement Law,the Administrative Punishment Law and the Administra-tive Licensing Law are the most important administrative law. They hop-e that it can improve the situation of "casual" and"chaos"of administrative enforcement.Although the Administrative Enforcement Law has just come out,only from the point of the administrative enforcement procedures,there are still many defects and deficiencies. China’s administrative enforcement proce-dures theory study is weak,especially in administrative enforcement mea-sure theory,and the reference material is almost blank. China’s administra-tive authority often abuse the power of the administrative enforcement, w-hich is a serious violation to the legal right of the citizens,legal persons a-nd other organitions. For a long time,China has been advocating the rule by law,and building a socialist country under the rule of law. The core of the rule by law is in accordance with the procedures governing,and the k- ey of it is to treat the public power. Administrative enforcement procedur-es making executive power control led/which is to protecting the legitima-Te rights and interests of citizens,legal persons and other organizations. T-herefore,administrative enforcement procedure has theoretical and practi-cal significance.This paper describes the administrative enforcement measure proced-Ure and the administrative enforcement procedure,and put forward speci-fic recommendations to improve both,especially the administrative enfor-cement mode. We should follow the code of Taiwan of the China,and set up the specialized administrative executive authority,and learn from Ame-rican judicial enforcement procedures for the establishment of the specia-lized administrative courts.