Font Size: a A A

Research On The Reform Of Comprehensive Administrative Law Enforcement System

Posted on:2021-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:J Q LiFull Text:PDF
GTID:2416330605468050Subject:Law
Abstract/Summary:PDF Full Text Request
Since the promulgation and implementation of "The Administrative Punishment Law",in 1996,there have been many beneficial explorations and attempts around the comprehensive administrative law enforcement system reform,whether it is legal theory research or administrative law enforcement practice.With the launch of the pilot work on the reform of relatively concentrated administrative punishment rights in the field of urban management,the reform of comprehensive administrative law enforcement has officially entered "The fast lane".The field of comprehensive law enforcement continues to expand and the number of comprehensive law enforcement departments continues to increase,and considerable progress has been made in the comprehensive law enforcement,especially in the fields of urban management,cultural markets,transportation,market supervision,etc.However,most of the theoretical research on comprehensive administrative law enforcement focuses on the organization and the legitimacy authority construction of comprehensive administrative law enforcement,yet there are relatively few realistic accounts and reflections on the operation rules,laws and practical effects of specific systems.In practice,the government's promotion and implementation of comprehensive law enforcement reform has also shown the characteristics of unclear reform positioning and objectives,with departments(areas)acting on their own,local governments acting on their own,and institutionalization,stylization as well as standardization having different degrees.As far as system construction is concerned,no specific legislation on comprehensively regulating comprehensive administrative law enforcement has yet been published,and no scientific and relatively stable reform model of comprehensive administrative law enforcement has been formed up to now.The lack of theoretical research and institutional practice profoundly affects steady development of the comprehensive administrative law enforcement system reform,so it is necessary to make up for the deficiencies in theoretical research and institutional practice.With the construction of the government under the rule of law and the modernization of the national governance system and governance capabilities,the social responsibility of the comprehensive administrative law enforcement system is being increasingly important.Based on practice,this article comprehensively examines the historical changes of comprehensive administrative law enforcement reform,analyzes the evolution course of the reform practice model,clarifies the basic approach that comprehensive law enforcement reform adheres to,analyzes and learns from the experience of foreign administrative system reform at the same time,and finally proposes the comprehensive administrative law ideas and implementation suggestionsThe first part of this article is an overview of comprehensive administrative law enforcement.The concepts of comprehensive administrative law enforcement and the comprehensive administrative law enforcement system elaborated,the connotation and extension of the two basic concepts are clarified.Then,combined with social reality,the background of the comprehensive administrative law enforcement system reform is analyzed.The background analysis rises from the perspective of social issues to the theoretical level,focusing not only on the micro perspective of government functions,but also on the macro perspective of the government ruled by law.Finally,the article explains the great significance brought by the reform of the comprehensive administrative law enforcement system.The second part of this article is mainly to sort out the history and main models of the comprehensive administrative law enforcement system,mainly focusing on the analysis of various problems in the comprehensive administrative law enforcement system,with the fact that unclear positioning and lack of laws are the key issues in the reform of the comprehensive administrative law enforcement system and problems such as operation,law enforcement authority allocation,and law enforcement team building are problems inherent in the comprehensive administrative law enforcement system itself.The article analyzes the causes of the above problems combined with the work's own practice,through various methods such as research,analysis,comparison and induction,etc.At the same time,this part of the article not only focuses on the reform of the comprehensive administrative law enforcement system itself,but also summarizes the supporting system construction involved in the reform.The third part of this article mainly introduces the administrative law enforcement system and the qualification management of administrative law enforcement personnel and administrative law enforcement supervision in the United Kingdom,the United States,Japan and Germany,summarizes the outstanding features of the administrative enforcement system of countries outside the region,including the weakening of administrative enforcement functions,the unification of decision-making and enforcement,and different administrative penalties,providing ideas and enlightenment for promoting the reform of comprehensive administrative law enforcement system in China.The fourth part of this article is mainly to put forward the overall idea of reform and the basic principles to be followed,strengthen the top-level design and do a good job of overall planning and planning from a global perspective based on the first three parts.Then,it proposes the reform path,including improving legislation,strengthening overall planning,clarifying the scope of power,standardizing law enforcement procedures and strengthening team building,etc.
Keywords/Search Tags:Comprehensive Administrative Law Enforcement, Administrative Law Enforcement System, Relatively Centralized Administrative Punishment, Practical Inspection, Mode
PDF Full Text Request
Related items