Research On The Conflict Of Subjects Of Administrative Law Enforcement In China

As one of the important parts of the system of state power,the power of administrative law enforcement must be exercised by all kinds of administrative organs and authorized organizations according to law.Under the ideal state,the administrative execution right of each administrative law enforcement subject must be exercised legally and effectively within its own competence,and the sum of the competence of the subject of administrative law enforcement is equal to the whole administrative law enforcement right.In other words,under the ideal state,there is no conflict between the administrative law enforcement subjects,and there should be no legal gap in the field of administration.Unfortunately,however,due to the influence of various complex subjective and objective factors,this desirable state of vision cannot be achieved,and at best it is only constantly approaching this ideal state.In real life,the public management and public service matters of state administrative organs involve many fields,and on the whole,the executive power of State administrative organs touches on all aspects of state and social life.Therefore,any administrative organ with the right to enforce the law may have the problem of interconnection with other departments with similar functions,and the conflict of jurisdiction of the main body of administrative law enforcement can not be avoided or eliminated in real life.Conflicts between administrative law enforcement agencies and authorized organizations or between administrative law enforcement agencies and authorized organizations have become one of the main factors hindering the administration according to law.It has seriously affected the improvement of administrative efficiency,led to a large number of administrative omissions and ultra vires,and greatly damaged the legitimate rights and interests of the administrative counterpart.The existence of the conflict of jurisdiction of the subject of administrative law enforcement not only affects the improvement of the overall efficiency of administrative law enforcement,shakes the internal stability of the administrative law enforcement system,but also destroys the position and authority of the government in people's minds.Therefore,it is particularly important to deal with the right conflict of administrative law enforcement in time and effectively.It is related to the effective implementation of the reform of our administrative law enforcement system and the smooth completion of the construction of a rule of law government,which is related to whether we can effectively protect the legitimate rights and interests of the public.From the perspective of our current administrative law enforcement authority conflict resolution measures,the relevant provisions are only found in a single line of legal texts,lack of standardized and systematic legal provisions,and can not cope with the increasingly frequent administrative law enforcement jurisdiction conflicts in China.Moreover,there are some drawbacks in the traditional way of solving the conflict of law enforcement authority within the administrative system.Therefore,the resolution of disputes over the jurisdiction of the subject of administrative law enforcement is an unavoidable issue in the administration of law in China.It has important practical and theoretical significance to incorporate it into the legal framework for research.The text of this article is divided into the following four sections:The first part discusses the core concepts and basic theories of the conflict of administrative law enforcement powers.It analyses the basic theories of administrative law enforcement subjects,administrative law enforcement powers,division of labor and cooperation,statutory powers and conflicts,and constructs the basic framework for studying the conflict of administrative law enforcement subjects' powers.The second part,by analyzing the manifestations of the conflicts of administrative law enforcement subject's jurisdiction in China,points out the causes of the conflicts of administrative law enforcement subject's jurisdiction in China from the perspective of positive and negative conflicts in the practice of administrative law enforcement,mainly including the following five aspects: imperfection of legislation,unreasonable establishment of administrative law enforcement system,anomie of administrative law enforcement level,and action.The complexity of administrative affairs and the low quality of law enforcement personnel.Through the analysis of the causes of the conflict,this paper provides solutions to the following conflicts and points out the direction.In the third part,from the perspective of comparative law,the author summarizes the mechanism of resolving the conflict of jurisdiction of administrative law enforcement subjects in Japan,Spain and the United Kingdom,and draws on their mature experience to draw useful enlightenment for our country.The enlightenment of the extraterritorial system is to establish a judicial adjudication mechanism of conflict of authority with Chinese characteristics,to standardize the administrative adjudication mechanism within the administrative system in the form of legislation,and to eliminate the conflict of authority through various measures.The fourth part further improves the measures to solve the conflict of jurisdiction of administrative law enforcement subjects in our country,and puts forward corresponding governance suggestions according to the practical situation.Firstly,we should deepen the reform of comprehensive law enforcement,clean up and synthesize the power of administrative law enforcement from the inside,establish a large law enforcement agency by synthesizing the functions of various law enforcement departments,unify the leadership,management and execution of administrative law enforcement actions,and maximize the avoidance of overlapping government functions,multi-door and multi-head management,so as to improve administrative efficiency,reduce administrative costs.Secondly,we should continue to improve the power list,clarify the law enforcement authority of law enforcement departments,and reduce conflicts caused by unclear authority.Thirdly,we should establish a department coordination mechanism to integrate and optimize law enforcement resources and improve the efficiency of law enforcement cooperation.Fourthly,we should improve the administrative organization law of our country and suggest that our country should carry out the legislative work of administrative procedure as soon as possible,construct and improve the constitutional review system,and sort out and modify the existing legal documents concerning the functions and powers of our country,so as to reduce the legislative reasons for the conflicts of powers.Fifthly,we should establish and improve the mechanism of afterwards adjudicating the conflicts of jurisdiction of administrative law enforcement subjects.Sixthly,we should strictly control the access system of grass-roots law enforcement personnel and improve the comprehensive professional quality of law enforcement personnel.