Legal Regulation Of Improper Administration Of Administrative Law Enforcement

The way of enforcing law enforcement in administrative act as the product of administrative institution to deal with the practice of innovation and administration of complex administrative practice.In order to solve the complex problems of contradiction in law enforcement in some areas,the administrative organs can not achieve administrative purposes through a single law enforcement method or can not effectively carry out administrative tasks.This way of linking different administrative acts to enforcement is sometimes able to cope with the needs of complex administration and to achieve specific administrative objectives,but in practice this law enforcement approach is sometimes suspected of being illegal or improper.Illegal or improper connection violates the lawful rights and interests of the relative or third person,and shall be subject to legal regulation.However,when it comes to the legal regulation of improper connection of administrative law enforcement,it is necessary to solve the problem of the judgment standard of improper connection of administrative law enforcement.What is improperly connected,how to be considered improper link,there is no uniform provisions and a clear standard division.In the obvious violation of ordinary people's basic cognitive connection law enforcement behavior may most people will have a tendency to judge.But in some of the more vague not too obvious link law enforcement behavior involved in the connection is an improper link,there will be a considerable difficulty in identification.So the administrative law enforcement behavior improperly connected to determine the existence of the problem is not clear,need to clear what is the standard of improper connection.The principle of improper binding prohibition is an important theoretical basis for regulating unlawful connection law enforcement.The principle of unlawful prohibition is also known as the requirement of substantive relevance.It requires that the means by which the administrative organ makes the administrative act must have a reasonable connection between the purpose pursued by the administration and the consideration of the matter in the operation of the power Essential requirements,prohibit the improper connection between different means to infringe the interests of the people to achieve the purpose of administrative purposes.This principle is based on the consideration of the status of the people and the state is not completely equal,the state can be unlimited combination of various "weapons" against the people,the status of the people will be insecure.The principle of improper binding prohibition emphasizes that the administrative organ has to have a genuine internal relationship or a reasonable and proper link between the administrative authorities and the prohibition of the inherent lack of substantive connection.But the principle is not clear enough about what is the standard of proper connection,the need for further refinement and due consideration of other factors.To judge as a kind of value(such judgment is usually in the absence of legal provisions of the circumstances).There is no clear distinction between them,nor is it immutable.Thus,the judgment of the proper connection needs to be considered in many ways.On the basis of drawing on the principle of unlawful prohibition of the principle of judgment and the essence of the spirit,the author thinks that there are the following criteria for judging the proper connection in the law enforcement connection: first,the purpose of connecting the acts is the same;second,Of the object to be consistent;third,the link to meet the public interest;Fourth,the link can improve administrative efficiency.The criteria for the substantive relevance are related to whether the connection is justified whether the purpose is the same,whether the object is consistent,and whether it meets the requirements of the public interest.The purpose of efficiency is not consistent with the purpose of the administrative act,but the overall purpose is not contrary to the public interest after the link,and the consequences can not be used as a supplementary criterion to judge whether the link is serious.In the physical standard to determine whether the connection is legitimate or not,but also in the administrative procedures to regulate improper joint law enforcement.One is through the improvement and strict compliance with the general procedures,including the implementation of a comprehensive obligation to explain,explain the reasons for the link,give the opportunity to reply,listen to opinions and other basic rights to protect the relative.Another procedure involving the linking of the interests of the administrative counterparts should apply special procedures.For example,to hold hearings and other means to enhance public participation,to maximize the protection of the legitimacy of the link.In addition,the future of the state to develop administrative procedures,can follow the "Administrative Procedure Law" of Taiwan,will be easy to cause law enforcement links in the field of administrative procedures.The development of administrative procedural law to reflect the principle of improper binding prohibition as much as possible,so that the court can have a more judicial practice on the rationality of the review of "weapons",the administrative authorities to exercise the administrative power of reasonable to review and supervision The Judicial review is the last way to regulate.For the improper association of law enforcement,the current court can use the principle of improper binding prohibition of the principle and the inherent essence of the specific case with "obvious improper","abuse of power" or "beyond authority" and other reasons to withdraw and regulate.