Study On Administrative Enforcement From The Perspective Of Law Policy

The Administrative Enforcement Law,which was promulgated in January 1,2012,has played a significant role in regulating the administrative enforcement of administrative authority and the realization of the administrative goals.It has unified the rules of administrative enforcement which originally scattered in the laws and regulations,and has ensured the legal basis of administrative enforcement.The study of legal policy,as a system of designing rules,is an analysis of legislative goal and administrative means for the administrative enforcement,from the aspect of legal policy.It contains legislation assessment,analyses the realization degree of policy goals from the perspective of practice,and puts forward improvement suggestions to the The Administrative Enforcement Law.The first part states the meaning of the administrative enforcement considerations,by using the study of legal policy.The study of legal policy involves both law and policy,which can evaluation the legislation level of administrative enforcement,and guide the legal practice for administrative enforcement,in order to accelerate and improve administrative enforcement.The second part is aimed at system design.The act of administrative enforcement meets the demand of administrative policies,reflects the purpose of Administrative Enforcement Law in system design.Administrative measures reflects the demands of administrative means in Administrative Enforcement Law.Administrative enforcement legislation goals are clearly seen from the principles of administrative enforcement.In addition,policy reveals itself in law in the design of concrete content.With the study of legal policy,we can see from the result that Administrative Enforcement Law has a specific administrative goal,and additionally realizes the administrative goal for administrative enforcement by using various administrative means in an interactive way.The third part discusses the legislative evaluation for the enforcement actions in Administrative Enforcement Law,analyzes the deviations and improvement suggestions in the process of implementation.In the meantime,"Goals---Measures"analysis for controversial issues in the legislation of Administrative Enforcement Law are stated in this part.Some widely discussed topics like subject establishment,replacing fulfillment system,agreement system,and wrong relief system,are all included and analyzed by using the study of legal policy.The forth part is mainly about the deviation in the action of administrative enforcement with the help of concrete cases.The development of enforcement is leaded by the way of legal policy,in order to improve system design.In the fifth part,this thesis states the improvement way of accommodation in main statutory of enforcement.In enforcement agreement,extending the scope of administrative subject is a way to realize the legislative goal.Improvement for the execution of the wrong relief system,as well as complaints and prosecutions,can safeguard the interests of administrative subject.In regarding to replacing fulfillment system,in order to safeguard the interests of administrative subject,urgency setting can be applied to the finished cases with disputes.At the same time,during the implementation stage,public notice procedure is required to get administrative subject aware of status and confronting problems.The only conclusion under administrative goals for the study of administrative enforcement can be made in the aspect of legal policy.Study is not the final target,while the improvement ways by study is.