Research On The Regulation Of Administrative Enforcement Measures

Our country's administrative law enforcement by administrative coercive measures led to the frequent occurrence of conflicts,coercive measures by the administrative body towards citizens and legal persons is the main formof the direct collision between public power and private rights,which is the thorny problem that can not be ignored in the construction of the rule of law.This paper start from Leiyang case leading to problems in practice administrative coercive measures,through the provision of compulsory administrative measures,laws and regulations combing the search and analysis of administrative coercive measures,concept,characteristics,types of actual performance etc..Then the analysis measures the problems of administrative compulsory legislation: legal norms,overlapping between upper and lower method does not correspond to the legislation,the technology is not high,the name of the administrative compulsory measures confusion,legal regulation is poor,arbitrary law enforcement,relief is not in place and so on.From the perspective of the basic theory of administrative law,to analyze the concept of administrative enforcement measures and the regulation theory of administrative coercive measures.It is necessary to maintain the proper social order,to ensure the efficiency and to improve the overall efficiency of the society.At the same time,the right of the administrative counterpart should be protected according to law,that is,the power of administrative coercive measures,the protection of the rights of the administrative counterpart and the regulation of administrative coercive measures lead to a kind of balance.Finally,according to the basic theory of balance,this paper puts forward some suggestions on the administrative coercive measures.