Study On The Legal Issues Of "Private" Participation In Administrative Enforcement Of Law

The main body of administrative law enforcement in China has been the implementation of public power of the state administrative organs, the government's performance directly linked with the level of its administrative law enforcement. The mainstream view of the academic circles that administrative law enforcement should be carried out by the specific organs representing the country, thus prohibiting"private" participation in administrative law enforcement,but with the progress of society and the degree of democratization,"private" participation in administrative law enforcement breadth and depth gradually , the number of personnel has gradually increased, the traditional administrative law enforcement system has undergone a structural change. Participatory law enforcement is an important manifestation of administrative law enforcement innovation, and many localities and departments have taken some new initiatives to gain a positive social effect, but still face serious problems. Therefore,"private" participation in administrative law enforcement needs to be properly guided. This paper aims to summarize the status of"private" participation in administrative law enforcement by analyzing the"private" participation in relevant concepts and functions in administrative law enforcement and in-depth analysis of the present situation and concrete implementation of "private" participation in China at present. The problem and the reasons,and then want to put forward specific and targeted solutions to the development and improvement of China's national conditions to adapt to the Chinese characteristics of administrative law enforcement in the "private" participation system.This article first starts from the "private" participation in the basic theory of administrative law enforcement research, the theory mainly includes"private" participation in the concept of administrative law enforcement definition, and then refined into "private" definition and "private" participation in administrative law enforcement. And then combined with the case study of the "private" participation in the type of administrative law enforcement, including two categories, namely,administrative law enforcement outsourcing, the most typical case is the security contract and administrative law enforcement of public and private cooperation(Auxiliary case), in addition to This paper discusses the basic theory related to the content of the thesis: the theory of public service and the theory of good governance.And then wrote the "private" to participate in the practical significance of administrative law enforcement, mainly from the perspective of administrative resources analysis of the lack of administrative resources and social resources supply;and from the perspective of administrative participation in the "private" participation in administrative law enforcement is in line with the actual needs of independent choice ;Section at the end,point out the "private" to participate in the meaning of administrative law enforcement.Secondly,it makes legal definition of "private" participation in administrative law enforcement. By comparing the differences between Administrative entrustment and Administrative authorization,it expounds the different ways of "private" participation in administrative law enforcement, and its legal status has its own characteristics.Subsequently, the police as an example to illustrate the "private" participation in the legal effect of administrative law enforcement.Finally,the author puts forward the legal regulation of "private" participation in administrative law enforcement, through the analysis of the problems of"private" participation in administrative law enforcement,such as the lack of legal basis;the omission of legal administrative law enforcement subject; participant supervision mechanism The main measures are as follows: perfect and improve the relevant legislative provisions; "private" to participate in the scope and extent of administrative law enforcement restrictions; "private" to participate in the administration of the administrative law enforcement, the main measures are as follows: The"private" participation in administrative law enforcement relief mechanism construction,and more measures to solve the "private" participation in administrative law enforcement problems, so that "private" participation in law,become good governance.