Research On The System Guarantee Of Comprehensive Administrative Law Enforcement Reform In Townships (streets)

Comprehensive administrative law enforcement is a practical theme with Chinese characteristics,and is also an important element of administrative law enforcement reform.The Townships(Streets)are in the front line of the social management system,deeply embedded in the public's daily life,and play an important role in the governance practice.However,for a long time,administrative enforcement powers and administrative enforcement resources have basically been "monopolized" by departments at the county level or above,coupled with the lack of enforcement capacity and level of enforcement in the townships(streets),which makes it difficult to meet the actual needs of grassroots governance.Therefore,the state continues to promote the reform of townships(streets)comprehensive administrative law enforcement.The newly revised Administrative Penalty Law in 2021 responds to the needs of the reform of the administrative law enforcement system at the grassroots level and makes important provisions for the system of downward transfer of administrative penalties.However,how to scientifically divide the law enforcement power,coordinate the allocation of law enforcement resources,reasonably delineate the scope of comprehensive administrative law enforcement,and ensure that the townships(streets)effectively undertake the law enforcement power are still the doubts of theoretical exploration and the focus of practical verification.On the basis of systematically sorting out the existing research results,the institutional system built in both directions by the organic law and the behavioral law is used as the analytical framework to explore the institutional dilemma of the comprehensive administrative law enforcement reform in townships(streets)and to open up the way for building up the institutional fortress of the comprehensive administrative law enforcement reform in townships(streets).Introduction:The research significance of this paper is derived from the background of the times of comprehensive administrative law enforcement reform in townships(streets).Through sorting out the existing research results,summarizing the progress made in the current research and the shortcomings of certain research areas can clarify the direction for further in-depth research.Part One:Theoretical interpretation of the reform of comprehensive administrative law enforcement in townships(streets).The article defines and analyzes townships(streets)comprehensive administrative law enforcement and its related concepts,elaborates the characteristics of townships(streets)comprehensive administrative law enforcement reform,reveals the legal nature and jurisprudential logic of township(streets)comprehensive administrative law enforcement reform on this basis,and lays the foundation for the subsequent analysis.Part Two:Institutional evolution of the reform of comprehensive administrative law enforcement in townships(streets).It points out that from the beginning of the reform relying on relevant policy documents to promote,to the revision of the Administrative Penalty Law in2021 and the successive introduction of relevant local regulations and other normative documents,the evolutionary trajectory from "policy promotion" to "legal regulation" is an important symptom of the gradual promotion of comprehensive administrative law enforcement reform in townships(streets).Part Three:Institutional dilemma of the reform of comprehensive administrative law enforcement in townships(streets).Under the background that the reform practice is not yet completely free from policy dependence and the relevant legal system is not yet sound,the institutional dilemma of the comprehensive administrative law enforcement reform in townships(streets)is analyzed in depth by focusing on the dual orientation of the organic law and the behavioral law,beyond the inherent limitations of the policy.It proposes that the weak organizational foundation,the lack of qualification of comprehensive administrative law enforcement subjects,and the failure to clarify the relationship of authority and responsibility between relevant subjects are the bottlenecks of the organic law of comprehensive administrative law enforcement reform in townships(streets);The institutional differences and application scenarios of different law enforcement methods are not effectively distinguished,the prerequisite elements of the decentralization of law enforcement power are unclear,the reform procedures are unclear,and the vague criteria for determining the effectiveness of the townships(streets)to take over law enforcement power are the behavioral law obstacles of comprehensive administrative law enforcement reform in townships(streets).These problems have become the system loopholes that cannot be ignored in the townships(streets)comprehensive administrative law enforcement reform in accordance with the law to promote and continue to deepen.Part Four:Institution construction of the reform of comprehensive administrative law enforcement in townships(streets).On the basis of following the principles of the corresponding institution construction,by strengthening the townships(streets)comprehensive administrative law enforcement reform of organizational security,giving the township(streets)comprehensive administrative law enforcement subject qualification and clear the relationship between comprehensive administrative law enforcement agencies and related functional departments to continue to improve organizational law support;It actually builds up the institutional fortress of comprehensive administrative law enforcement reform in townships(streets)by clarifying the institutional differences and application scenarios of different law enforcement methods,specifying the prerequisite elements of law enforcement power delegation,refining the reform procedures,and clarifying the criteria for determining the effectiveness of townships(streets)to take over law enforcement power in order to promote the regulation of behavior law and other optimization measures.In general,this paper takes the issue of institutional guarantee of townships(streets)comprehensive administrative law enforcement reform as the core,starts from the framework of the legal system jointly shaped by the Organic Law and the Behavioral Law,analyzes the current institutional dilemma,and then proposes how to strengthen the institutional guarantee of township(streets)comprehensive administrative law enforcement reform through the revision and improvement of the Organic Law and the Behavioral Law.To a certain extent,it effectively responds to the theoretical challenges encountered in the reform practice and proposes suggestions to make up for the system's shortcomings,with a view to providing assistance for the deepening of China's grass-roots administrative law enforcement reform.