Research On The Issue Of Agent Performance In Administrative Law

With the further development of socio-political,economic and cultural life,and the need for administrative law enforcement,agent performance has emerged in the field of administrative enforcement law as a relatively mild enforcement method.The "Administrative Enforcement Law",which came into effect on January 1,2012,formally defines the agent performance system.The modern implementation system has always played an important role in environmental protection and traffic safety.As rigid law enforcement gradually transitions to flexible law enforcement,its role in society has become increasingly prominent.On-site performance can not only open up administrative law enforcement channels to a certain extent,save administrative costs,improve law enforcement efficiency,but also safeguard the legitimate rights and interests of administrative counterparts.However,China's current generation performance system still needs to be improved in terms of subjects,procedures,costs,and relief.For the scope of implementation of agent performance,the scope of application of agent performance is relatively narrow and should be appropriately expanded;for the implementation subject of agent performance,the main provisions of agent performance are unclear,and there are loopholes in the selection criteria and selection mechanism of third parties,and corresponding measures should be implemented accordingly.And the establishment of a mechanism for the third party to implement agent-based performance,and administrative agencies to supplement it;for the implementation procedures of agent performance,the notification time is not complete and the monitoring mechanism is not complete.The notification time and the monitoring mechanism should be improved.In addition,it can draw on the relevant regulations of other countries and regions,and introduce the implementation objection procedure in the agency performance to protect the legitimate rights and interests of the administrative counterpart and other interested parties.For the agency performance charging system,there is uncertainty about the charging time for agency performance and the charging standards For issues such as ambiguity,the time of collection of fees and calculation standards should be clearly defined,and measures toimprove the performance of collection fees cannot be implemented;for the related relief system of performance,there are no systemic provisions on relief measures for performance,and they should be separately Administrative reconsideration,administrative litigation,enforcement opposition and state Compensation and other aspects were perfect.