On The Protection Of The Defense Right Of Administrative Law Enforcement Procedures

Is crucial for the development of the modern administrative control wanton expansion of executive power,the traditional control mode,such as power restriction power despite its effectiveness in a certain period of time,but in the modern administration,has been difficult to fundamentally achieve the effective restriction to administrative power.The development of market economy and is eager to break through the traditional model of administrative management regulation.This makes us to seek new-right restricting power control mechanism.Set the procedural right to regulate the exercise of executive power.Administrative law enforcement procedure of defense to protect the rights and interests of the other party,the rationality of the restriction to administrative power is playing an important role.Misunderstandings for administrative procedures for the right of defense research is still in the initial stage,there is no mature theory to guide and improve the system of guarantee.Administrative law enforcement procedure failed to give full play to the value of the right of defense and its effects.This article proposed on the basis of previous studies,combined with the practical situation.For administrative law enforcement procedure right of defense related issues discussed,For the implementation of administrative law enforcement procedure of the right of defense,to create a good environment This paper consists of five parts,the first part is the summary of administrative law enforcement procedure right of defense,through its generation,definition,nature and has also expounded the concept of similar relationship what is meant by "administrative law enforcement procedure right of defense";The second part is the legitimacy of the existence of administrative law enforcement procedure right of defense,through its theoretical basis and practical value,why answer set administrative law enforcement procedure right of defense.The third part to countries or regions related laws and regulations of administrative law enforcement procedure right of defense,by comparing its revelation,craving for our country administrative law enforcement program to provide alternative to the protection of the right of defense;The fourth part is the present situation of our country administrative law enforcement procedure right of defense system,through the law and practice,analyses the problems existing in the administrative enforcement procedure right of defense;The fifth part is to improve the procedures of administrative law enforcement idea of the right of defense,the desire for the operation of administrative law enforcement procedure of the right of defense,to create a good environment,protect the legitimate rights and interests of the other party.