On Administrative Enforcement For Illegal Operation

"Administrative compulsory Law" is formally implemented, which affords the legal groundfor law enforcement officials to carry out administrative work, it clears the law enforcement procedure as well, so that officials can operator more legally and reasonably, which enables them to improve the level of administration effectively ruled by law, in this way, it can establish a good images of the government, which provides positive significance on accelerating the construction of the government. The transportation management institution works as an organization authorized by laws and regulations, which supervises and manages local road transport industry in accordance with the law, during operation procedure, there is investigating power on illegal administrative counterpart, which is related to the problem of application of administrative compulsory power.which poses a severe test for law enforcement on this institution because it must follow the legal procedure when dealing with administrative affairs. However,some problems such as public destruction of the illegal operation of vehicles and the application for enforcement issues rises during the practice due to party fails to perform the resulting extended seizure. This thesis gets three basic conclusions: Firstly, prevent extended seized by applying for property preservation;Secondly, follow the legal procedure whendestroying of seized vehicles; Last, create conditions for the people’s court for compulsory execution.What’s more, it puts forward to increase provisions to confiscate the illegal operation of vehicles in the administrative regulations and restrictions on the parties the vehicle registration and driver’s license management and other aspects of the right to improve the comprehensive control measures of operating illegally when it is put into practice. As for the discordancy betweenadministrative compulsory legislation and specific administrative law enforcement practice, this issue analyzes the establishment of administrative enforcement mechanism, the necessity of legal basis and favorable conditions, Then it proposesthat City Management Bureau of administrative law enforcement should act as the enforcement of specialized agency.