A Qualitative Analyses Of Authority Downgrading Of Online Stores Ca Used By "Favourable Comments With Malicious Intension"-in The Disputes Between Zhang’s And Wang’s Online Stores

In the practice of the administrative enforcement,the enforcement on vehicle has become an important problem.One of the important reasons affecting the enforcement auction is that the vehicle cannot be located and controlled.Because of the division of administrative authorities,general administrative organs need the assistance from the police to solve the problem,such as the ownership,query and the locating of the information of the pending enforcement vehicle.However,the enforcement authorities and the police assistance has become a difficult problem in the difficult position of the enforcement.On the one hand,in practice,there is a strong demand for the police to assist the investigation and control of the vehicle of the executed,but when the administrative organ requests the assistance of the police,the cooperation of the police organs is often slack.On the other hand,in the explore of the administrative enforcement assistance process between general administrative organs police department,after the court issued execution assistance notice,police department can seize,detain or distrain the vehicle which is found at the intersection and other places in 24 hours.The ambiguity that whether the police department has the right to detain temporarily,and the relief ways and reconsiderations of the action made by the police department under the assistance notice issued by the court,have become significant problems in practice.Legislative speaking,the author introduces the current legislation on the mutual assistance of administrative organs,where most of the local procedural law provisions on administrative assistance conditions and procedures are specific,but the subject of the responsibility for assistance and relief ways is unclear.In allusion to the police’s assistance obligation for court,the supreme court and higher court of China issued judicial interpretation to specify the criterion and guidance about the police’s assistance obligations.In practice,the reasons for the police department being slack on such assistance is because of the decentralization of the system,the constraints of departmental resources and interests.However,the lack of relief way is due to the hysteresis of the theory on police administrative assistance in China.The traditional theory of administrative assistance is created to deal with the expansion of administrative power demand,but now the traditional theory of administrative assistance has been lagging behind.In the era of the rule of administrative laws,police power should make adaptive adjustments to solve the contradiction of administrative assistance between different organs and the risk of theexpansion of administrative power.The reflection and reconstruction of the theory of China’s police assistance system is helpful to clarify the position of the police in the state assistance mission system.In order to solve the problem of administrative enforcement difficulty,facilitate administrative integration under the administrative decentralization,reduce evasion and prevarication,and improve administrative efficiency,strengthening police administrative assistance system is an inevitable trend of society development.Although the existing local legislation provides for the general system of police assistance,it is more likely that the police may face the abuse of power,so it is necessary to make strict procedure than general assistance.The author believes that the subject of the request for assistance from the police shall be limited to the state organs.The two parties can only be at the same administrative level rather than a subordinate relationship.With regard to the division of responsibility,the requesting organ has different obligations from the police in the assistance,so it is also necessary to distinguish between different enforcement situations.At the same time,we can construct the responsibility system of police assistance,including administrative responsibility,civil responsibility and criminal responsibility.Strengthen the supervision of the police administrative assistance through the improvement of the internal supervision mechanism of the police organs and the judicial supervision.