Research On The Presumptive Legality Of The Urban Management Law Enforcement

The theory of traditional four validities of administrative act has been dominated inacademia. According to the theory, the effect of an administrative act includespresumptive legality, determine power, restraint effect and executive ability. Thepresumptive legality which is an effect to everyone plays a basic role in the validities. Itmeans that once an administrative act is established, the law will understand it as legal andeffective and no individual or organization could deny or reject but recognize and respect it.Affected by countries such as German and Japan, some scholars at home and aboard stronglyquestioned the presumptive legality in recent years.According to the theory of validity ofadministrative act, a specific administrative act of comprehensive law enforcement of urbanmanagement also has presumptive legality. Presumptive legality plays a significant role infields such as maintaining national public power authority, assuring the implementation ofadministrative acts and ensuring the administrative order and stability and so on. However, asthe development of social economy and universal of law go on, presumptive legality ofadministrative act will inevitable bring immeasurable negative effect on administrative lawenforcement and its relative person. Based on the study of the specific administrative act ofour comprehensive law enforcement of urban management, this paper combines our actualsituation to investigate the merits and demerits of our law enforcement of urban management.This paper is divided into six parts.The preface is a brief introduction about raise and development of presumptive legality,including this paper’s research methods,ideas and different scholars’ research condition.Basedon the specific practice of law enforcement of urban management,the author also reasonablyquestions the presumptive legality of law enforcement of urban management.The first part is an analysis of the actual situation of our law enforcement in urbanmanagement. It first briefly introduces the history of law enforcement in urban management.Then it lists three typical cases to indicate the problems such as violent law enforcement andviolent defiance against the law that our actual law enforcement has in order to lead to thefollowing investigation.Part two introduces the traditional connotation of presumptive legality. Starting fromadministrative act and its effect, it introduces the origin and the development of the theory of presumptive legality. Legitimacy and historical necessity of the theory is also elaborated inthis part.Part three conducts an investigation into the presumptive legality of law enforcement ofurban management. By studying on the traditional connotation of presumptive legality ofadministrative act, the author conducts an analysis of the demerits of presumptive legality inlaw enforcement of urban management and rethinks about the legality of presumptive legality.Leads to the feasibility of presumptive legality applied to the academic and social practice.Part four tries to provide some suggestions about building a harmonious relationshipbetween city inspectors and small retailers to make up the defects of presumptive legality.This part mainly conducts an investigation in building a harmonious relationship between cityinspectors and small retailers from the view of theoretical system and practical operation. Theauthor also suggests that we can make up the defects of presumptive legality system vialegislation perfection and institution construction.The last part is the epilogue. It briefly summarizes the viewpoints of the paper. It alsoanalyzes the current defects of this analysis and expects to perfect the opinion in the followinginvestigation.