Principle Of Proportionality On Administrative Enforcement

The principle of proportionality generates from the theory and practice of modern public law in Western countries, it’s very important in preventing the abuse of state power and protecting the legitimate rights and interests of citizens. The administrative enforcement system as a controller of the system, on the one hand it is conducive to maintaining social order, on the other hand it threats the individual rights of citizens, and how they can limit the loss of individual rights suffered while performing duties in a reasonable range, it requires the law enforcement officers implement the principle of proportionality in the performance of duties. In order to study how to apply administrative coercion, the paper is divided into four parts to analyze this question.On the first part, it’s mainly about the meaning of the principle of proportionality and the fundamental origin produced, while clarifying the principle of proportionality in administrative law and the importance of it in the analysis of administrative enforcement. The purpose of this part is having a knowledge about the theoretical system of the principle of proportionality, and understanding the purpose of writing this article by describing the meaning of applicable;On the second part, it’s mainly about introducing other countries how to apply the principle of proportionality. In this section, mainly introducing the principle of proportionality referred to in the state and how to use it on the working statement. The purpose is to provide some useful experience for our country by introducing some major review by comparing the way of applying in different countries.On the third part, it’s mainly about the current status of applying the principle of proportionality on the China’s compulsory administrative law. The main legislation to be introduced is from the status quo and enforcement status quo. Where in the legislation, it’s mainly about settings, compulsory administrative measures, administrative enforcement of the three aspects; in the law enforcement, it’s mainly about city inspectors basis, as well as the principle of proportionality enforcement problems that exists in urban management and law enforcement in the applicable administrative enforcement status quo Glimpse now introduced to the principle of proportionality in the application of Chinese law enforcement community. Its aim is to indentify the problems and deficiencies in the current situation applies for the writing section of the fifth lay the foundation;On the fourth part, it’s mainly about the difficulties encountered in the application of the principle of proportionality, including law enforcement and judicial difficulties, and to find countermeasures to solve these problems. Mainly from the proposed legislation, law enforcement and judicial three pars to carry out the author’s humble suggestions.