Researches On The Fire Adminstrative Law Enforcement In China

Along with the rapid development of modern social economy as well as science and technology,fire safety has been generally accepted by the people and has been placed in an increasingly important position.With the enlargement of the government’s obligations and jurisdiction in society, the fire control administrative law enforcement is gradually being endowed with much more authority. For public security fire control institutions whose responsibility and authority is to manage the social life, exercising the power under the law is the precondition to make sure every fire control officers to perform their duties well. The focus of these officers is to making the positive aspect of the fire control administrative law enforcement operate, meanwhile, trying to avoid the negative aspect and control it.Public security fire control institutions, as an important part of administrative organizations, is the defenders of people’s interests and executors of the national will, which important functions is to keep the stability of the fire situation in the society and protect the legitimate rights of citizens. Public security fire control institutions undertaking the double duties of administrative law enforcement and fire fighting and rescue, it is a vital component of China’s law enforcement agencies. In order to preventing the abuse of administrative law enforcement rights, fire law enforcement officers in China are attempting to make some administrative rules and regulations that conform to the local characteristics, and trying to control the abuse of administrative law enforcement rights in two stages.In the aspect of system construction, the administrative law enforcement rights of the public security fire control institutions can achieve to the legal control to a certain degree by administrative reconsideration or administrative litigation, but for the administrative relative person’s damages that caused by the abuse of fire control administrative law enforcement rights, while the post-action control have the functions of relief results in a certain degree, but it can not prevent the public security fire control institutions’ abuse actions which in the exercise of law. Because the public security fire control institutions have greater choice in daily administrative law enforcement, and the requirements for the strong professional techniques, the administrative relative person is easy to be misled in the law enforcement activities, so in the process of law enforcement, the official rights can be easily to abused, which leads to the administrative relative person has doubts for the activities of the public security fire control institutions. The primary issue for the present public security fire control law enforcement work is how to make the how to regulate the public security fire control institutions’ rights of administrative law enforcement in a reasonable way. Thus, it can make the positive functions work well, and minimum to control its negative effects. The author through a deep analysis of the existing issues and causes of the public security fire control institutions in their administrative law enforcement activities, combining the general principles of administrative law enforcement and the actual situation of the public security fire control institutions’ working process, and gives personal views and suggestions for a better understanding and effective operation in administrative law enforcement of the public security fire control institutions.In this paper,the main structure is divided into four parts,more details are as followed:The first part of the paper is to introduce the theoretical preparation for in-depth study and concentrated mainly on the concept,characteristics,and content of administrative law enforcement of firefighting; the content,characteristics,classification of the administration of firefighting and objective basis to establish theoretical explanation,and put forward my own insights.The second part introduces advanced management system of administrative supervision of firefighting and elaborated firefighting administrative supervision and management system of the United States,Russia,Italy,Japan and several other countries. It is also significant for the follow-up paper of methods of improvement.The third section describes problems with the administrative supervision of firefighting. First,this paper presents the status quo of China’s historical origin and current situations in the supervision and management system of firefighting. Second,it also addresses many aspects about problems that exist and need to be solved in the daily routine of firefighting.The fourth part is the focus of this article. The author revealed and analyzed profoundly from the upper parts and proposed that in order to govern efficiently,the administrative enforcement may strengthen the legislation,unify discretion standards,perfect rationality of the judicial review system,strictly implement the exercise of administrative discretion of the procedural requirements, transfer the administrative functions of firefighting,better administrative licensing and an administrative punishment system,and enhance the quality of law enforcement personnel. Thus,administrative law enforcement could be fully and effectively regulated.