Research On The Countermeasures Of Administrative Law Enforcement Risk

The human society has entered the era of risk society, administrative law enforcement is not only the process of the inhibition of the risk, but also the process of produce risk. At present, the responsibility of the administrative law enforcement is more and more heavy, law enforcement risk increasing fast. On the one hand, the concept of "construct a service-oriented government" has been put forward, the public’s expectations of the administrative law enforcement is more and more higher,they pay more and more attention to this field; On the other hand, such as “ burn away the refuse in Hangzhou ”, “ Maoming PX project ”, “ peek-a-boo event ”,“ Taiwan region swill-cooked dirty oil ” and other events related to environmental and food safety areas of administrative law enforcement always challenge the social public taut nerve. In recent years, with the perspective of administrative law research gradually from “ external ” to “ internal ”, professor Cui Zhuolan puts forward the theory of administrative self-restraint. In the beginning, the theory indeed was suspected by many scholars, but after a period of research and development, the theory has been accepted by more and more scholars for its unique advantages and persuasive. Scholars has made a lot of research results. Under such a background,based on the understanding of the theory of administrative self-restraint, the keen interest in the field of administrative law enforcement, continuous attention on the administrative law enforcement event, at the same time, in view of the important status of the administrative law enforcement, this article make an empirical study on the administrative law enforcement risk from the perspective of administrative self-restraint, countermeasures about risk of administrative law enforcement were discussed. First of all, this article will start from the basic theory of administrative law enforcement risk, trim the connotations of the administrative enforcement risk which defined by different scholars, to sort out the meaning and characteristic of administrative law enforcement risk. Then, this article analyzes the cause of the administrative law enforcement risk, from the aspects of “ internal environment ”and“ external environment ”, such as the negative act of administrative law enforcement,improper administrative law enforcement discretion, lack security of the administrative law enforcement, social complicated interest structure. Again, this paper discusses the practical significance of the administrative law enforcement risk countermeasures, such as to ensure smooth enforcement, save administrative resources, maintaining the government credibility, etc. Finally, in view of the current status and problems of administrative law enforcement risk, this paper puts forward the corresponding countermeasures from the aspect of administrative self-restraint,namely the internal control measures, such as strengthening the construction of administrative case guidance system, setting up discretion benchmark, pay attention to ethics training, etc. Hope that through the discussing, can help to deal with risk of administrative law enforcement.