Research On Quality And Technical Supervision Of The Administrative Law Enforcement

Performing official duties lawfully as the essential principle to build a socialist country under the rule of law has a marked significance on protecting the basic profit of the public, promoting the steadily development of economic society and building a moderately prosperous society. In modern society, there exists illegal phenomenon on the execution of the administrated authority in both of the applicable law and administrative procedures. Many reasons should be considered such as historical inherent, organization system, quality of the executed official group and the value of execution. Therefore, in order to achieve executing the administration lawfully, legal, reasonable and procedure regularly administrative behavior is a necessary requirement.As a government department, the quality and technical supervision plays an important role on the essential life of the public. It also has a vital significance on fighting against counterfeit goods, ensuring constant products’ quality and safety, promoting and perfecting quality control systems in China to establish national uniform quality standards, promotion of advanced quality management experience in the world, and safeguard the reasonable operation of the socialist market economy. In the past two decades, with the rapid development of China’s socialist economy, while the extensive mode of economic growing mainly to the consumption of resources in the blind pursuit of economic efficiency, however ignored the quality assurance of the product and its adverse effects in today’s increasingly prominent. In recent years, melamine," Clenbuterol ","cadmium rice","ethephon" a series of quality and safety incidents, exacerbated by anxiety and fear of the masses of daily necessities, but also increasingly shaken the credibility of the Government, while the quality and technical supervision of the executive authorities time and again brought to the cusp. Due to the lack of scientific and systematic sense on traditional supervision of technical quality, administrative law system and management, the demand of today’s socio-economic development of the quality and technical supervision of administrative law far exceeds the supply. Therefore, this article base on systematic analysis of the status of today’s quality and technical supervision of administrative enforcement system, the composition of the quality and technical supervision of administrative law enforcement system had been systematically analyzed and the main problems in the quality and technical supervision and administrative law enforcement had been summarized. The whole paper is composed of three parts besides introduction and conclusion and contains more than30,000words. The main content of each part is presented separately as follows.The first part is the detail introduction of the legal system of quality and technical supervision of administrative punishment, the principal law enforcement, law enforcement system, law enforcement discretion, the administrative enforcement procedures and oversight mechanisms. Quality and Technical Supervision, quality and technical supervision of the legal system mainly consists of three parts:the measurement and regulation system, standardization and regulation system, and quality regulatory system. Metering regulations and standardization of regulations is the first one had been developed; interoperability is not strong, and cannot meet the requirements of the rapid development of the social life. The main subject of the enforcement is the commitment of the state administrative law enforcement activities, and in administrative law enforcement activities as their own name in accordance with the law, able to bear the legal consequences of the resulting institution or organization. Quality and technical supervision of administrative law enforcement body has components:one is a kind of quality and technical supervision of administrative law enforcement organs at or above the county level of Quality and Technical Supervision; another is at or above the county level authorized in accordance with the laws and regulations fiber inspection agency. After the1999’s structural reform of administrative law, the enforcement system of quality and technical supervision becomes the forth law enforcement "semi-vertical" system, the implementation of vertical management bellows the provincial level. Executive authorities of the administrative law enforcement in the specific administrative subject and relative rights and obligations between the changes in the administrative processing can cause behavior, there is a legal requirement to determine and effect of judgment, not beyond the range of laws and regulations discretion. Administrative enforcement shall comply with and pay attention to the procedure laid down by law, the supervision mechanism of the various departments of the executive authorities, especially the supervision of the enforcement activities of the specialized agencies of the administrative law enforcement and administrative law enforcement personnel.The second part consists of four administrative enforcement cases, in between, which shortcomings and drawbacks of modern quality and technical supervision of administrative law enforcement can be released, which mainly lead to the following questions:firstly, the law lag; secondly, the intersection of the jurisdiction of law enforcement agencies; thirdly, the administrative law enforcement abuse of discretion; the forth, business and low quality of law enforcement officers of the law enforcement body; the fifth, administrative law enforcement re-light procedures of entities "; the sixth, the lack of administrative law enforcement supervision mechanism. The reason of the existence of these problems had been analyzed step by step, and the ideal solution had been proposed.In the third part, the main object is to establish a good law enforcement image of quality and technology supervision departments, improve the quality and technical supervision of the law enforcement environment, as well as to further safeguard the authority and credibility of the law. Legislation to improve and resolve legal lag, the clear legislative intent, direction and ideas; from the administrative rules and regulations, and improve the proper use of jurisdiction between law enforcement agencies to cross, as well as administrative enforcement discretion; from justice focuses on settlement of administrative enforcement procedures illegal in this phenomenon, man-made causes of these problems start with this phenomenon and improve the professional quality of the administrative law enforcement personnel, to improve its existing confusion in the law enforcement environment, and then correct and in-depth understanding of procedures and procedural law, and finally put forward a sound proposal to the lack of administrative law enforcement supervision mechanism.In summary, China’s quality and technical supervision and administrative law enforcement had been concluded. It has been demonstrated that the quality and technical supervision of administrative law enforcement played an important role on the development of our social life, and it is believed that the the development of quality and technical supervision of administrative law enforcement has a promising prospect. Sincerely wish that these immature comments and suggestions can be useful on constructing the quality and technical supervision and administrative law enforcement of China.