Negotiatde Administrative Enforcement Iquiry

Since reform and opening up, with the continuous development of social economy, there has been a substantial change of the social structure and a great improvement of citizen’s rights consciousness. In recent years, reports of violent law enforcement and other uncivilized phenomenon frequently appear in newspapers. Citizen’s rights are frequently violated in the process of administrative law enforcement, triggering widespread social problems. The traditional way of administrative law enforcement focuses on the power that requires people to obey, but lack of consideration for the rights of people. In the process of law enforcement, brutal law enforcement, bureaucratic style of law enforcement and overbearing style are not normal phenomena. In such a context, experts and scholars begin to question the traditional way of administrative law enforcement, and think of transferring it to the consultative way of administrative enforcement of law.This thesis is intended to achieve two changes: one is to change the concept of administrative law enforcement. The contradiction in the field of administrative law enforcement has become increasingly prominent, and an important reason is the lagging concept of administrative law enforcement. Both the administrative organ and administrative relative person should have a clear and definite understanding of the consultative mode of administrative enforcement. What the consultative administrative law enforcement has brought is not only an improvement of system, but also a kind of innovation of ideas. It brings the ideas of consensus and consultation into the whole process of administrative law enforcement, so that the main legal values of freedom, fairness and justice are realized. The other is to change the way of administrative law enforcement. The transformation of conception is the premise of institutional transformation. Introduction of this consultative mode in the final analysis lies in the transformation of the way of law enforcement, in order to deal with the dilemma of current administrative law enforcement. Changing the way of administrative law enforcement brings a completely brand new picture of law execution. More democratic law enforcement procedures, more scientific law enforcement ways and more satisfying effect will be showed in this picture.It took the delemma of administrative law enforcement as breakthrough point in the article, in the conceptual analysis and positioning of negotiation of administrative enforcement of law, the necessity and feasibility of negotiated of administrative law enforcement is analyzed and demonstrated, then responded to the question, and explained the existing rationality and legitimacy of negotiated of administrative law enforcement. Of course, the negotiation of administrative enforcement of law also has certain limitations, in order to guarantee the validity of administrative enforcement, the combination must be used. Based on this, according to the existing problems in our country’s administrative law enforcement, on the basis of the experience of the foreign countries, the article has put forward its own views on specific application of and principles of negotiation of administrative enforcement, mainly explains how to achieve the effective of administrative enforcement of law, better protected the people’s rights and promote the organic integration of administrative enforcement of law and society through the multi mode fusion.