On Protection Of Civil Right In The Administrative Enforcement Proceedings

Along with the advancement of building a socialist country and the rule of lawgovernment, implementing administration according to law has become the commonpursuit of all citizens.As a government administrative purposes, administrativecompulsory execution is a kind of effective method because the entity is related tomany citizens rights and procedural rights, that more and more arouse people’sattention.On June30,2011,the Compulsory Administrative Law was passed throughthe review, and formally implemented in January1，2012.The law is of greatsignificance for regulating the behavior of administrative enforcement, supervisingthe administrative organizations who shall perform their duties according to lawstrictly, improving the administrative efficiency, maintaining public interests andsocial order,and protecting the legitimate rights and interests of citizens, legal personsand other organizations.Promulgated the Compulsory Administrative Law solves the previous problemssuch as the enactment right is not clear, execution way is multifarious, executableprogram chaos, and so on, but from current situation of the administrativeenforcement, civil rights are often harmed, the reason is not only the provisions of therights of citizens in this law is not enough, but both the compulsory administrativeexecution subject and citizens are generating ideas of deviation，they over-emphasison administrative power to ignore the civil rights, which result in abuse of power ofthe administrative compulsory subject or administrative discretion.AdministrativeEnforcement main confusion and illegal administration but also makes the legalprocedures are not strictly comply with the Administrative Enforcement, whichserious violations of the procedural rights of the citizen’s right to know and the rightto relief.The practice of administrative enforcement of the subject to take violent lawenforcement and improper execution continuing violations of citizens’ personal rightsand property rights.Administrative enforcement administrative implementation of thecitizens’ rights are often violated, but the division of the existing administrativeenforcement of the right to enforce administrative and unreasonable, and itsprovisions to enforce the principal nature of the responsibility is unclear, whichcontributed to the authority violated the civil rights, the last line of defense and as acivil rights relief system in our country is not perfect, because the current civil rights means of relief for administrative litigation, administrative reconsideration and statecompensation, three forms of relief relativein sufficient are not fully meet the demandof civil rights, and eventually can not be achieved "administrative enforcement"legislative intent is to protect civil rights.In order to solve the problems violatecitizens’ rights in administrative enforcement, administrative compulsory subject needto establish new law enforcement idea, perform strictly in accordance with theadministrative compulsory execution law enforcemen, citizen continuely enhance theright of self-protection awareness,develop a healthy attitude to the rights;thelegislature should improve compulsory administrative legislation, and develop thenew system for protecting citizens’ rights; And to establish a special administrativeenforcement authorities, set up reasonable administrative enforcement supervisionsystem, which supervise the administrative enforcement of line right; Perfect theexisting relief system, set up the relief techniques appropriate to the differentsituations and so on. Eventually it will protect the rights of citizens and realizeadministrative rule of law.