The Research On Administrative Law Enforcement Surveillance System

Administrative law enforcement is an important way to exercise the power of government. If lacks an effective supervision in law enforcement link, the rule of law will deviate from its normal orbit, such as the consequences of corruption and autocracy will be generated. Then our nation cannot realize the stated objective of public administration, also cannot guarantee the legal interests of the citizen. Therefore, our nation should establish the all-round supervision system of administrative law enforcement and advance the progress of administrative legal system. Even though our nation had certain achievement in the aspect of supervision on administrative law enforcement, but to compares with the developed country, there still exists some shortage and contradiction. It has greatly influenced the smooth realization of the socialism rule of law process. So, this article is established in national conditions, pay attention to the advanced experiences of the developed country, and on the basis of analyzing the status quo of this regime, trying to put forward several countermeasures and suggestions.The first part of this article mainly makes a general theoretical analysis to the administrative law enforcement system. At first, this section defines the connotation of the administrative law enforcement, and sketch out the different meaning between administrative law enforcement and supervision of administrative law enforcement. Through this definition and summation this section lead out the great practical significance of the supervision of administrative law enforcement in boosting construction of government ruled by law and defending legal interests of the citizen.The second part of the article takes America, Sweden and Italy as examples introduced the western countries’advanced operation mechanism of supervision of law enforcement. It amply presents the personnel management institution, the special supervisory personnel and the government moral agency and the general accounting office of America; the parliament supervision system,"grand justice" mode and the most famous supervisor system of Sweden; the whole judicial system of Italy. After the author elucidated successful system of these three countries, then come up with a worthy experience for us to learn and use for reference. The third part chiefly describes the existed problems and reasons of our country’s supervision system of administrative law enforcement. The supervision system of administrative law enforcement is very important in a nation’s supervision system, but from the current situation of our country’s supervision of law enforcement, it still exist lots of problem. This section explains the problem of supervision of law enforcement at the present stage from five aspects. The first aspect is the ambiguity of the segregation of duties of the subject of supervision; the second, the intensity of supervision of the authority is not enough. Because of lacking concrete operational program and rules of content of supervision which makes the authority cannot explicit specific pattern, content of supervision and the legal liability which dereliction of duty of supervision should take. These incomplete stipulations all have a direct influence to the effect of the supervision of authority. The supervision of authority becomes a mere formality,and it cannot achieve the expected effect. Finally result in fatigued and weak of supervision.The third aspect is the imperfect of the supervision system of the internal administration. Hierarchy supervision and specialized supervision are all existed unavoidable drawbacks:do not have enough transparency to the outside, also the openness is not strong, the public cannot engage in it timely, lacks anti-supervision system; the fourth part, the scope of examination of judicial supervision is limited. In our country’s current system, the executive power and judicial power has not separated yet, the judicial work cannot truly be independent, and therefore it depends on the existence of administrative relations badly Administrative litigation is the very manifestation of judicial power restricting executive power; the last part is the ineffective of supervisory protection of the public. The behavior of the government administrative of law enforcement is not lucid enough, and the administrative subjects’conducts are in a low transparency. The channel of public supervision is blocked, short of mechanism, the public cannot engage in supervision through a feasible approach and also the public itself is not strong, and the dissatisfactions of the public cannot be solved in time by the administrative organization which influences the individual’s trusts toward the government. Press supervision hasn’t reached the normalization and legislation and lacked relevant security assurance regime, and its independency is not strong, therefore, it just avoid the important and dwell on the trivial when dealing with an extraordinary serious case, showing the relative hysteresis quality.The last part of this article is also the core which put forward several cursory recommendations about establishing and perfecting our country’s supervision system of administrative of law enforcement. At the first place, it writes about that we need enhance the institutional construction of supervision of law enforcement. And then illuminate this regime classified, including:completing the legal system of supervision of law enforcement; through setting up substantial legislation, civil servant legislation and procedural legislation to supply corresponding legal basis fro the supervision of law enforcement; establishing the regime of supervision duty, after the clearance of the responsibility, it can, to those who do not fulfill the statutory duty, investigate the corresponding liability of him and his leader, on this account to form the closed-loop effect of liability system. The next is improving and perfecting supervision of the authority which needs to institute oversight committee of the national people’s congress, the regime of administrative commissioner of the national people’s congress and ameliorate the pattern of supervision of the national people’s congress to give full play to the people’s congress’s function and improve the system of people’s congress. The third suggestion is to expand the scope of judicial supervision. The article tries to impel the impact of the judicial supervision coming into play by reforming three ways of judicial supervision, and finally completing the regime of judicial supervision. These three ways respectively are:establishing the assessment of incentive mechanism, increasing the strength of judicial suggestions, intensifying the feedback mechanism and regulating the regime of prosecutorial supervision. The fourth proposal is regulating the internal supervision of administration. The internal supervision in the administrative organization for law enforcement is a very important form to the internal error correction. Then I conclude the pattern of regulating internal supervision of administration, including:Insure the independence of the function of administrative and legislative supervision, and strictly differs from other supervision manners; reinforce the institutionalization and transparency of the administrative and legislative supervision; keep close touch with the people from all walks of life, enhance the effectiveness of administrative and legislative supervision; strictly demand the supervisor having the attentiveness of duties and positive attitude to complete every supervision task. And my last advice is defending the interests of public supervision. In order to protect the public can engage in the supervision of administrative law enforcement, I recommend the following suggestions, including:consummate the legal system of public supervision; affirm the significant role of people in the supervision; improve the legal consciousness of people; actively promote the regime of administrative disclosing; complete the traditional media supervision; open up the supervision of network consensus.