The Theory Of Proportionality In The Apply Of Administrative Enforcement In Our Country

Proportion principle with its review of administrative action "means-purpose", become the effective way of administrative discretion. For the administrative enforcement is one of the administrative behavior, because a civil liberty, property, make its and implement more and more attention, and should be strictly controlled. In June 2011, the act of administrative enforcement, in the form of law to determine the mandatory law enforcement behavior decision making and the actual execution, should by the principle of proportion, the compulsory administrative proportion principle in the field of the application of generalized gradually. Proportionality in appropriate as a starting point, the purpose of the choice of administrative measures and necessary measure of the public and private interests, inspect whether the administrative act shall, to protect the rights of citizens, achieve the goal of substantial justice. This article from the definition of the proportion principle, proportion principle in administrative enforcement of applicable theory and the practical significance, and analysis of proportionality of two important legal systems in the applicable compulsory administrative and summarize the applicable significance of the development of our country. At the same time the proportion principle in administrative mandatory applicable law and the reality of China is analyzed, combining with the above proportion principle applicable meaning, value and national policy issues in recent years, the proportion principle is put forward for the independence of the concern, and to develop solutions. The article is divided into five parts.The first part is the proportion principle in administrative compulsory applicable value. This part from the proportion principle and the connotation of the administrative enforcement, through theoretical analysis evaluate the applicable value of proportionality.The second part is the proportion principle in foreign administrative enforcement. This part classified on the basis of two legal systems, countries are introduced. Compose to the applicable case comparison, summarized, and the proportion principle in administrative enforcement in our country for reference are put forward.The third part is the use of the our country compulsory administrative proportion principle. This part from the law and practice by using two dimensions to the proportion principle in our country, analyzing the present situation and problems of the application of administrative enforcement, and puts forward problems, combined with relevant experience abroad gives corresponding countermeasures.The fourth part is through the analysis under the special national conditions in China, the proportion principle in the administrative system in trends, applicable to the independence of trust, as the substantial use prospects.