The Balance Of Power And Right In Administrative Law Enforcement

The balance of power and right in administrative law enforcement apart from rights and obligations equal between administrative organ and private party, also rights and obligations equal administrative organ and private party respectively. In the process of law enforcement, rights and obligations equal between administrative organ and private party frequently unbalance. Administrative organ attach importance to obligations of private party and neglect rights, especially procedural right. Power of law enforcement needing limitation. To prevent misuse of authority, private right should check and balance. The balance of power and right is virtual, not simple equally. We should try hard to realize private right. The precondition of law enforcement is private right. Administrative organ should protect private right and abide by laws. We take pains to avoid the unbalance of rights and obligations between administrative organ and private party.Therefore, for achieve the balance of rights and obligations, we need to restrict law enforcement power and protect private right. Along with the transform the function of the government and administration according to law, our law enforcement is governed by law and standard performance stage by stage. There are some problem in law enforcement, especially the lack rules of administrative proceedings.Enforcing the law unbridled and an aggression upon private right frequently happened because of lack the restrict function of private right. The main method of restricting power are procedures and right. Procedures restrict power is availably. In practice of our law enforcement, we pay attention to substantive law and neglect procedures. Therefore, we do not attach importance to procedures restricting. No matter what power restrict law enforcement power or right,procedure is base. In law enforcement, the value of procedure is so important. It standardize the law enforcement operation. Moreover,restrict power is not final purpose.we should improve administrative efficiency. Theory of The balance of power and right in administrative law enforcement apply to practice and draw on the achievements of other country and area. The paper try to settle some problem about law enforcement procedure, supervision, methods and distribute the power of administrative penalty and compulsory administrative measure.