The Legal Regulation Of The Urban Administrative Law Enforcement In China

The Urban Administrative Law Enforcement refers to a comprehensive lawenforcement which the city executive exercise the unified relative concentration of theright to an administrative penalty, and the original city executive no longer has thispart of the centralized power system of administrative penalties, and it’s theembodiment of the relative concentration of administrative punishment in chineseurban management field. Regulating the urban administrative law enforcement systemis of much significance to the city administration building, to the legal protection ofthe rights of citizens, as well as to the building of a harmonious socialist society inChina. However，at present there still exist some problems in the urban administrativelaw enforcement process. For example, the law Enforcement position is unclear:unclear positioning of the agencies, unclear of the obligation, and lack of lawenforcement; The behavior of the urban administrative law enforcement are notregulatory: violent law enforcement, illegal law enforcement procedures, simplexmeans of law enforcement,and the abuse of discretionary power; Ineffective of theurban administrative law enforcement: illegal still exists, law enforcement’rent-seeking’ highlights, law enforcement personnel physically and mentally fatigued;urban administrative law enforcement personnel is not regulated: the uneven quality oflaw enforcement officers, a poor image of the law enforcement officers, the work oflaw enforcement officers are not enthusiastic; Lack of urban administrative lawenforcement supervision and judicial relief. The forming of so many problems in urbanadministrative law enforcement has some conceptual, institutional, economic, andlegal reasons. Improving urban administrative law enforcement should regulate fromthe concept, legislative, enforcement, supervision and judicial relief aspects. Firstly,establishing the concept of urban law enforcement services to the people, the firstplace to protect people’s right to exist, establish the overall sense of serving the publicawareness, strengthening the legal awareness building, and strengthening the equalprotection of citizens self-awareness; Secondly, establishing a correct concept oflegislate, building a standard, unified legal system of urban administrative lawenforcement, developing the urban management basic law, regulating local legislation,strengthening urban administrative law enforcement procedures, clearly defining lawenforcement liability; Thirdly, rationalizing the system of urban management department, establishing the administrative cooperation mechanisms, establishing theurban management planning system, supporting the establishment of administrativelicensing system, and increasing public participation, regulating the behavior of lawenforcement, regulating the law enforcement team;；And the last, enhancing theadministrative law enforcement supervision and social supervision, building up theurban management accountability mechanisms,and strengthening the rights of justicerelief which have been infringed.