On The Protection Of The Administrative Enforcement Of Private Rights

Administrative enforcement is administrative coercive power or by the administrative organ or administrative organ without administrative coercive power, to a people’s court refuses to execute effective administrative decision of citizens, legal persons or other organizations, in the administrative enforcement of obligations, the administrative relative person and the administrative relative person, unless otherwise agreed, achieve national goals. In the administrative management activities play an important role in administrative law enforcement, to a certain extent, it ensures the implementation of China’s laws and regulations, maintain social stability, safeguard the public interest has played a positive role, through the administrative enforcement of law, administrative law violates or fails to perform the statutory administrative decision-making and the administrative relative person to punish or restrict certain rights, effective administrative action force of the administrative relative person, but to see the positive role of administrative enforcement, we should see the deficiencies and defects, administrative enforcement, in order to achieve a goal, often ignore the interests of the holder of the administrative relative person, the administrative relative person to implement administrative relative person’s executive power, cause unnecessary damage. How to realize the administration and the administrative relative person’s rights from infringement target two aspects to find a balance point is a hotspot in the research of the administrative law enforcement system in the national. Chinese aware of the administrative relative rights of administrative law enforcement behavior, in China’s administrative compulsory relative person of administrative reconsideration, the administrative litigation system for protecting private rights, torsion and execution objection and so on, it can be said that the Chinese administrative compulsory execution of civil security system is sound, but no matter in theory or in practice is the deficiencies and limitations. As an administrative enforcement or more research, but relatively few studies of private right protection, this paper points five chapters analysis of administrative law enforcement and privacy protection, clear the connotation of the administrative enforcement of law and the private rights of citizens, as well as the relationship between the two, and combining with China’s actual situation, the paper analyzes the current situation of our country administrative law enforcement, to analyze the causes of these problems, puts forward the feasible Suggestions, using the method of comparative analysis on the analysis of several typical countries the advanced experience of foreign administrative law enforcement and private rights protection, set up China’s human rights guarantee.Privacy tort administrative law enforcement is a realistic problem, whether in the administrative law enforcement to seek a balance between rights and protection of the interests, not only to realize administrative purposes, rather than infringe on the lawful rights and interests of the other party. Our goal is to realize the goal, but the premise is not violated the legitimate rights and interests of citizens, in order to to achieve the goal of the administrative behavior of the citizens’ private rights infringement cost is wrong, our country is the people’s democracy, the people are the master of the country, the administrative organs organ responsible for the exercise of power, any is the implementation of the administrative act in the interests of the citizens, therefore how to safeguard the legitimate rights and interests of citizens better administrative compulsory execution as the center, in the future development, perfecting the relevant laws and regulations, to better protect citizens’right of privacy.