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The Soft Law Regulatory System Of The Enforcement Of Urban Administrative Law

Posted on:2013-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:D JiangFull Text:PDF
GTID:2246330374490439Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The enforcement of urban administrative law means that the relevantadministrative authorities of city management field on administrative punishmentpower is unified exercised by a administrative organs, the former administrativeauthorities no longer exercise this part of centralized and unified power ofadministrative punishment. The enforcement of urban administrative law is mainly thepower of the relative concentration of administrative punishment, is an importantcontent of relatively concentrated administrative punishment system. The regulationof law enforcement to urban management before is always hard law regulationssystem, this is helpful to solve the overlapping responsibilities,duplicate lawenforcement,law enforcement disturbing and inefficiencies,expansion ofadministrative law enforcement agencies. However, the various deficiencies of thehard-regulatory system has also spawned a soft law regulatory system of theenforcement of urban administrative law,only a combination of soft law and hard lawcan better regulate the enforcement of urban administrative law. but there are stillinadequate on soft law regulatory system:the creation process of the soft law in thefield of the enforcement of urban administrative law is lack of democracy, the soft lawcreated is not compliance with statutory procedures, lacking of procedurenorm,supervision to the enforcement of urban administrative law is lack ofconstraint,the imperfect of the accountability requirements. The problem has manycauses: the law enforcement philosophy behind the concept, the soft law knowledgeof the public is not comprehensive; social organizations play the limited role, lackingof government support for the mechanism of soft law, in theory, study to soft lawstarted late, the understanding of the principles of the rule of law is notcomprehensive,the positive interaction of soft law and hard law is not adequate, softlaw is also inherent rational. It is necessary to improve the soft law regulatory systemof enforcement of urban administrative law: to enhance the democracy in the processof soft law creation,to improve the soft law on law enforcement entities, to enhancethe procedure norm on enforcement of urban administrative law, to strengthen thesupervision efforts of soft law on enforcement of urban administrative law,and toimprove the accountability mechanisms of soft law on the enforcement of urbanadministrative law.
Keywords/Search Tags:The relative concentration of the power of administrative punishment, Enforcement of urban administrative law, Soft law regulatory system
PDF Full Text Request
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