Research On The Protection Of Civil Rights In Administrative Enforcement

On June 30, 2011, the standing committee of the National People’s Congress examined and approved by the law of the People’s Republic of China on administrative enforcement act, and decided to formally come into effect on January 1,2012. The act of administrative enforcement, helps to solve administrative enforcement "loose" and "disorder". Standard of administrative law enforcement behavior, supervision and administration institution shall strictly perform their duties according to law, improve the efficiency of management, both social and public interests and the legitimate rights and interests of citizens is of great significance.However, although the compulsory administrative law strictly limit the administrative coercive power, provides the guarantee of the rights of citizens, legal support, but in practice, administrative enforcement subject infringement of their civil rights abuse administrative coercive power, such as "fishing enforcement", violent demolition,urban management law enforcement of violence is common, even cause serious mass incidents. Investigate its reason, on the one hand, because the act of administrative enforcement regulations is insufficient, the content of the civil rights, on the other hand is more important is that administrative enforcement main body and the citizens have the concept deviation, disdainful of the executive power and ignore the rights of citizens. The resulting beyond power is the result of the administrative compulsory subject and the abuse of administrative discretion. At the same time cause of compulsory administrative procedural law, and will be a serious violation of the citizen’s right to know and right of relief. Defects of the supervision system of administrative enforcement of administrative compulsory execution process of the citizen’s personal rights and property rights are more vulnerable to abuse. Although civil rights in the administrative enforcement are often infringed, but the compulsory administrative law of current administrative coercive power division is not reasonable,and the provisions of the administrative enforcement main body of responsibility nature also not very clear, it will add to the authority of the wind of infringement of the rights of citizens, and as the last defense line of citizen rights relief system are notperfect in our country, because of the our country present civil rights relief of administrative litigation, administrative reconsideration, and three kinds of state compensation, relief form is relatively insufficient, it cannot completely meet the requirements of civil rights, and ultimately unable to realize the legislative purpose of the administrative enforcement act, namely protect the rights of citizens.This paper tries to use normative analysis method to study the administrative law enforcement to guarantee citizens’ rights. In the administrative compulsion to better protect citizens’ rights to tease out first about the content of the civil rights of administrative law enforcement, and then discusses basis and source of civil rights and civil rights. From the existing knowledge to citizens in our compulsory administrative problems and defects existing in the protection of the rights. While using the method of comparative analysis about civil rights protection in administrative law enforcement method, combining the experience abroad with the actual situation of our country to identify and draw lessons from. Finally, with the guarantee of the rights of citizens as the ultimate foothold and end-result, to explore the citizen’s rights guarantee system of China’s national conditions, from entity to the program, from theory to practice constantly enrich and develop the system innovation,make the guarantee of the rights of citizens and the state administrative coercive power operation between get balance and coordination.