A Study On The Allocation Of Comprehensive Administrative Law Enforcement Authority

Comprehensive administrative law-enforcement has experienced the process of exploration and development since 1996 s,from the experimental work of the systems of the power of relatively concentrated administrative punishment in urban management,to the promotion of comprehensive administrative law-enforcement in the fields of urban management,ecological and environmental protection,market supervision,transportation,cultural market,emergency management and agriculture.The comprehensive administrative law-enforcement has obtained the periodic achievements,but there are still many areas to be improved.This paper first introduces the historical evolution and current situation of the reform of comprehensive administrative law enforcement and clarifies the significance of the allocation of law enforcement power for the reform.Then from the perspective of power allocation,this paper tries to solve the problems that existing in the process of comprehensive administrative law-enforcement.Now there still exist many problems such as the lack of legal support for the allocation of authority,the irregular transfer of authority,and the separation of law enforcement and supervision.Based on the relevant theories of the rule of law government and overall government,this paper proposes that the power allocation of comprehensive administrative law-enforcement should be legalized.We should speed up related legislation,determine the nature and status of comprehensive administrative law enforcement agency,regulate the division of the power.Meanwhile,the paper made a representation that clearly define the respective functions of different agencies to avoid any overlap between them by the list of rights and responsibilities.Reasonable power structure and effective power allocation have always been important issues in both theory and practice.This paper analyzes problems in comprehensive administrative law enforcement,proposes the mode of law enforcement organs.Clearly and define the responsibilities of law enforcement organs at all levels and between different organs.Further,according to the theories of Administrative three-point system,the law enforcement organ should establish different internal department,bear decision-making power,executive power,supervisory power.Finally,comprehensive administrative law-enforcement is a systematic project,the paper thinks that the relevant mechanisms need establishing and improving,for example coordinating mechanism,supervision mechanism and administrative jurisdiction disputes mechanism,to achieve the perfection of administrative system and the improvement of administrative efficacy.