The Further Perfection On Administrative Enforcement Law System In China

Administrative enforcement is a double-edged sword, While it is a powerful means toensure that the objectives to be achieved, on the other hand, because of their use of Stateforce directly acting on citizens ’ personal rights, property rights and other fundamentalrights, so easily against the legitimate rights and interests of citizens.For many years, Compulsory administrative law of our country has been in theabsence of state legislation, This leads to many problems exist in law enforcementpractices. Administrative body in the course of law enforcement, the most prominent are:on the one hand, for some serious violations due to lack of necessary enforcement tools’handling, on the other hand, excessive abuse of administrative coercion to seriously hurtthe interests of citizens.June30,2011Twenty-first Meeting of the Eleventh NPC Standing Committee passedthe "Administration Compulsion Law" and was January1,2012into effect."Administration Compulsion Law" appearing, builds a basic theory and institutionalframework for our country administration compulsion system. However, administrativeenforcement of the existing legal system still exist many gaps and inadequacies, somefuzzy problems need further clarification. According to this, this article makes an overallreview of the existing legal system of administrative enforcement: Through the analysis ofthe legal attribute of administrative enforcement, administrative enforcement of theoreticaldifferences, discussion of the existing system of administrative coercive measures and aseries of content system and administrative enforcement, and put forward some ideas andsuggestions, in order to existing administrative compulsory legal framework andtheoretical basis to further enrich and improve the administrative enforcement of lawsystem in china.