| The legal system of administrative enforcement is an important problemin administrative law system. The author intends to seek the legal basis ofadministrative enforcement, and tries to make a Code of administrativeenforcement in China. Firstly, the author explicates administrative law injurisprudence and probes into the legal basis of administrative enforcement.Secondly, the author compares the recent state of the administrativeenforcement in our country with that of other developed countries and otherregions in the world and studies the difference to settle the practical problemsin administrative enforcement in China. Thirdly, the author makes every effortto legislate an uniform "Administrative Enforcement Code"of China. Thistopic consists of three parts. Part one is focused on the study on the legal basis of administrativeenforcement. This part is made up of two questions. First, the author dissertates that enforcement is one of the most importantattributes of law, and the nation-wide compulsory power suggests that anyperson or group that maybe oppose law could not antagonize it because law isa dominant force. So it can be affirmed that enforcement is an importantattribute of law. Second, the author mouses out the legal basis of administrativeenforcement, and reduces the basis to five aspects as follows: First, the theoryon legal obligation with the meaning that every person should fulfil legalobligation. Second, the theory on public order with the meaning that theself-relief of the national power has enough justice. Third, the theory on the - 57 -separation of national powers with the meaning that the powers among thenational organs should be separated and restricted one another. Fourth, thetheory on fundamental rights of human inviolability with the meaning that acountry should protect the basic rights of citizens. Fifth, the theory on theremediation of rights with the meaning that where there is a right, there is arelief. Part two is focused on the study on the recent state of the legal system ofadministrative enforcement. This part is made up of three questions. First, the development and actuality of the legal system ofadministrativeenforcement in foreign countries and other regions. The author concretelyintroduces the legal system of administrative enforcement in Germany, Japan,the US, France and Taiwan. Then the author reaches a conclusionthat the legalsystem of administrative enforcement in every country or region is confrontedwithdealing with the relationbetweenefficiency and justice. Second, the recent state of the legal systemof administrative enforcementin the mainland of China. The author considers that the legal system ofadministrative enforcement of China has not been perfect yet at the presenttime. The reasons are as follows: First, the enacting power of administrativeenforcement is mixed up. Second, the departments which implement thepower of administrative enforcement execution are confused. Third, thelegislationof administrative enforcement lacks of uniformand due procedure. Third, study on solving the present problems in administrativeenforcement. The author tries to settle three problems theoretically as follows:Firstly, the enacting power of administrative enforcement. The author analyzesand remarks on the opinions of Mr. Li Yuan and Professor Hu Jianmiao. Thenthe author assents to the opinion of Professor Ying Songnian, and the opinion - 58 -is: First, the enacting power of administrative enforcement execution shouldbe entitled to law. Second, law can enact all kinds of administrativeenforcement measures and the measures related to personal freedom ofcitizens can but be enacted by law. Third, administrative statute can exert alittle enacting power. Administrative statute can enact partial administrativeenforcement measures concerning the supervising p... |
