Theory Of The Basic Principles Of The Act Of Administrative Enforcement In Our Country

Legal principles, the legal value and the carrying of the spirit of the law of a stateand society, and reflects the nature of the law, determine the content of the law. Basedon different legal principles, the law will be a huge difference. Therefore, the basicprinciples of administrative enforcement for the entire administrative enforcement playsan important role. The paper tries to analyze the Administrative Enforcement Lawwhich just be promulgated, on the basis of legislative practice and theoreticalintroduction to the basic principles of the Western administrative enforcement,combined with China’s actual situation, the basic principles of administrativeenforcement of statutory principles and minimum damage to the principle of detailedexposition, and the principles of the conflict between the solutions, in order to establishits basic principles in China’s administrative enforcement. The text of this paper isdivided into the following chapters:The first chapter is the introduction of this article. It introduces this article of value,significance, and research methods. Through empirical analysis and value analysis,research and write the whole article for introduction and overview of the premise.The second chapter briefly introduces the basic principles of the AdministrativeEnforcement Law. The meaning and function of the basic principles of administrativeenforcement, as well as our country has just promulgated and implemented theAdministrative Enforcement Act of the abstract out the basic principles of criticalanalysis. Finally, determine the method to determine the basic principles ought to bestandard. This is below study China’s administrative enforcement ought to the principlesestablished by a foundation.The third chapter is foreign administrative enforcement investigation. Including thesummary and assessment of the basic principles embodied in the administrativeenforcement of common law and civil law countries. The basic principles of the studyof administrative enforcement of the more important data and information.Chapter IV mainly analyzes and demonstration of China’s administrativeenforcement ought to be established a few principles, this chapter introduces the legal principles, including the formation and content of its principles,more important chapterof this article.The fifth chapter of this article is the most important chapter,which also iscompulsory administrative law in the most important component of a principle: theprinciple of minimum damage, scholars and some call it the principle of proportionality.This chapter discusses the overview of the principle of minimum damage, the valueembodied in the Administrative Enforcement Law, and applicable standards. Highlightsthe focus on the content of this article.Chapter VI discusses the basic principles of administrative enforcement, includinglook forward to the parties to fulfill the principle of indirect mandatory due to the directenforcement principles and the principles of due process. The last one describes theconflict between the principles of solution, as well as various principles conflict.In this paper, comparative analysis, empirical analysis and history analysis arediscussed for the basic principles of China’s administrative enforcement, thusmaximizing the Western theories and practical of the basic principles of China’sadministrative enforcement,in order to establish best modest.