Research On The Compulsory Administrative Setting Of Local Legislation In Guangxi

2011 years ago,the administrative enforcement law is not promulgated,the domestic administrative compulsory scattered phenomenon prominent.To the law,to local regulations,other normative documents and even place,can set the administrative enforcement,this vertical up and down is not unified,there are regional differences in the embarrassing situation,both the government departments of administrative law enforcement organs or social organizations and the masses,are in urgent need of a unified law to integrate administrative the implementation of coercive power.Aristotle wrote in the book,the law is order,and good law is the cornerstone of good order,the "administrative compulsory law" promulgated,the main body of administrative compulsory setting,content and procedures have been set more stringent regulations.According to the "administrative compulsory law",the administrative compulsion can only be set by three kinds of normative documents,namely the laws and administrative regulations and local laws and regulat ions.There are two kinds of administrative coercion,namely,administrat ive coercive measures,administrative enforcement of the two.Compulsory administrative measures include the restriction of personal freedom,seizure and seizure of five specific administrative coercive measures,and defines each measures subject qualification;administrative enforcement including fines fines of six items of administrative enforcement,can only be set by law,other laws or regulations shall create the fi le.These provisions will undoubtedly regulate the establishment of administrative enforcement in the country,provisions,from the source to regulate the administrative law enforcement authority,to protect the legitimate interests of citizens.Although the promulgation of "administrative enforcement",relevant administrative coercion settings,law enforcement has been standardized,but the long-term domestic practice and in different areas and different implementation experiences ingrained,requires more than method as a guide,to a gradual improvement.In this paper,the local legislation in Guangxi,the establ ishment of administrative coercion(creation,regulations)to explore.First,it analyzes the basic theory of administrative compulsion.This part is made up of three modules,the concept of administrative compulsory set by the first module analysis,contains the contents of the connotation and extension of administrative compulsion,as well as the characteristics of administrative enforcement;the second module analyzes the subject and object of administrative compulsion.The main body of the right to set administrative compulsion in accordance with the provisions of the "administrative compulsory law",one is to set the subject of administrative coercive measures,and the other is to set the subject of administrative enforcement.The third module analyzes the similarities and differences between the administrative enforcement right and the right of creation.The right to set up in the theoretical circles have the difference between "the right to create" and "the right to set",in the broad sense,the administrative coercive power includes both.In this paper,the administrative coercion is defined in a broad sense.The second part mainly elaborated the Guangxi local legislation to set up the administrative compulsion rule,the content mainly has four sections.The first section describes the particularity of setting administrative coercion in Guangxi.Guangxi belongs to the national autonomous region,and it is bound by the law of regional national autonomy.At the same time,the administrative compulsory law set administrative enforcement in the authorized local,limited "local affairs"constraints,so,based on the analysis of the two aspects of the particularity of administrative compulsory set in Guangxi in the local legislation.The second section is the subject and object of the administrative compulsion in Guangxi local legislation,and the subject is specific to the establishment of the organization,the object to the specific content.The third section describes the procedure of administrative compulsion in the legislation of Guangxi district.The general legislative procedure is to propose a motion,to consider the motion,to vote and to carry out the four steps,the legislation should be strictly in accordance wi th the procedures prescribed by the legislative law,local administrative enforcement of the law is also the case.The fourth section describes the legislation of Guangxi district administrative enforcement should pay attention to the relevant issues.Legislation is to be implemented,the implementation of the law requires the implementation of organs or law enforcement officers,so in the implementation of the eligibility criteria,should be carefully considered.In addition,the Guangxi area of local laws and regulations of the late evaluation mechanism is not perfect,the author suggested that Guangxi should be set up to assess the administrative enforcement of the clean-up mechanism.The third chapter is the analysis of the current administrative enforcement related local regulations in Guangxi.Mainly divided into two parts.The first part of the main analysis of the local administrative regulations in the past ten years,the rel evant provisions of the adminis trative provisions,including the provisions of the article and the understanding of the provisions of the analysis and evaluat ion of Guangxi.The second part analyzes the deficiencies of the administrative enforcement in the legislation of Guangxi district.In the analysis of the local regulations after combing,the author thinks that the relevant legislation has repeated legislation,specific law operability,some provisions are too harsh,the law enforcement main body is not clear,the lack of clear evaluation mechanism,and the implementation of administrative enforcement and administrative penalty provisions unclear etc..The fourth chapter focuses on how to improve the administrative forcement of the legislation in Guangxi district.It contains four parts.The first part mainly discusses that the administrative compulsory setting should be based on law and the basic procedure of legislation.In addition,the administrative mandatory legislation should be held in accordance with the law of the hearing,so that the community to participate in legislation to ensure that the legislation is open and fair,more conducive to social acceptance of relevant laws and regulations.After that,the article describes the administrative enforcement of Guangxi local legislation should be clear about the administrative enforcement.Based on summarizing the experience and lessons,the author thinks that the administrative enforcement body is not prone to the eligibility of the embarrassing situation,so the proposed legislation,directly into the implementation of the main law,in order to standardize the implementation of relevant laws and regulations.Refer to the Central Committee of the Communist Party of China in the fourth Plenary Session of the 18th CPC Central Committee on the power list system initiative,I believe that can be set up...