The Study On Cooperation Obligation Of The Administrative Counterpart In Law Enforcement

In recent years,in the process of administrative law enforcement,the contradiction between the administrative subject and the administrative counterpart is prominent,and the improper enforcement of the administrative subject is a cause of the contradiction,but it can not exclude the relative fault-improper fulfillment obligation.As the focus of academic research lies in the administrative control,ignoring the study of administrative counterparts,in addition,in the practice of social life,with the implementation of obligations there are many problems.First of all,the relative person completely obey the administrative subject,for the administrative subject of improper law enforcement behavior connivance,damaging their own legitimate rights and interests,followed by the relative negative behavior,resulting in administrative action can not be successfully implemented,and finally the relative violence,seriously disrupting social order.This paper takes the relative obligation of the relative person in the law enforcement process as the research object.The full text is divided into three parts: introduction,text and conclusion.In the introduction part mainly introduces the background of this topic,domestic and foreign research trends and research methods.Conclusion part is the summary of the article.The focal point of the cooperation obligation is to cooperate with the fulfillment of the obligation,so use four chapters to analyze and discuss the related problems in the body text.Chapter one is to determine the nature of cooperation.Because of the concept of correlation and obfuscation,the meaning of coordination obligation should be clearly defined,and the concept of confusion should be distinguished.The second chapter is to talk over the theoretical basis and the pattern of the obligation to cooperate with,in order to illustrate legitimacy and rationality of the other party with duty,as well as the obligation to the performance of the model of the countries.It will provides reference for the performance of our cooperation obligation.The third chapter is the obligation to cooperate with content,combed the stipulations of existing laws and regulations about cooperate with obligations.And cooperate with obligation can be divided into two categories,do description for each type of behavior.The four chapter is the discussion of the limitation of compliance with the obligation of cooperation.It is also the core content of this article.The law of our country has clearly put forward that the relative person has the right of rejection,but this does not solve the problem of the comprehensive settlement of the limitation of performance.Therefore,on the basis of learning from the experience of other countries,the author puts forward his suggestions on the fulfillment mode of the cooperation obligation.