The Research On The Legal Guarantee For Justice Of Administrative Law Enforcement In China

Content:Modern society is a society under the rule of law, and modern state is a state under the rule of law. Managing state affairs according to law should be the basic requirements of a socialist country under the rule of law.In China, with the development of reform and openings-up and socialist market economy, all aspects of politics, economy and social life have undergone a series of profound changes. These changes lead to the transformation of power and interests structure, which must be regulated and adjusted by law. Therefore, the implementation of law will be the inevitable choice of building a country under the rule of law.Administration by law as an important part of rule of law, having undertaken80%administrative regulations of the national legal system, also brings great duty to the law enforcement which is responsible for the implementation and applicability of national legal norms.Administrative law enforcement has wide coverage and large quantity, and plays a very important role in the law enforcement of the whole country. With the continuous development and progress of building socialist democracy and rule of law, the demand for social fair justice of people is increasing.specially in an open, transparent, and informationized environment, law enforcement activities have increasingly become the focal point of various circles of society and media, thus denial of justice is very likely to cause public resentment.The essential role of law enforcement in the society is its justice. In other words, the justice of legislation, must rely on the justice of law enforcement.As to the rule of law in China for the present, we have got laws to abide by, but when enforcement depending on the law, executing sternly and prosecuting the law breakers, it not fully up to expectations.These phenomena will seriously affect the implementation of the Rule-of-Law policy.Hence, based on the fact that the justice of administrative law enforcement becomes the focus of the society, the first chapter of the article elaborates the social context and historical cause of administrative law enforcement. It suggests creating good environment for socialist rule of law, and justice-oriented.Focusing on the role, requirements and harmfulness, the second chapter clarifies the relationship between administrative law enforcement arid social justice. The role of administrative law enforcement was reflected in two aspects:one is the social function, which is to ensure citizens’ right and maintain social order, while the other is the market function, which is to serve the market economy.From the requirements of social justice, the administrative law enforcement is mainly carried out from three aspects:1) to establish the philosophy of people-oriented;2) to improve the quality of law-executors;3) to strengthen the power of surveillance. From the harmfulness, denial of justice in administrative law enforcement will not only undermine the basic criterion of the market economy, but also the sound development of the harmonious society.The third chapter analyzes the principal factors influencing the justice of administrative law enforcement in detail. It dissects from law enforcement, surveillance, liability, relief, and the quality of law-executors respectively.Based on the existing analyses of the countermeasures on justice of administrative law enforcement, the fourth chapter makes a preliminary exploration of the specific path from the perspective of justice.