The Study And Exploration On Comprehensive Administrative Law-enforcement

Comprehensive administrative law-enforcement has experienced the process of exploration and development since 1990s, from experiment in some cities to the promotion in the whole country. Remarkable achievements have been made and abundant experience has been accumulated. Comprehensive administrative law-enforcement is an important way to solve the problems prevailing in the administrative law-enforcement field of our country, such as law enforcement involving various government departments at the same level, authorities at different levels, denial of justice and divorce between powers and responsibilities. It is of great significance in reforming administrative law-enforcement system, promoting the reform and function transformation of government institutions, improving the administrative efficiency and implementing the principle of "running the country according to law".Comprehensive administrative law-enforcement refers to a system in which an independent administrative institution lawfully established or authorized executes the authorities of several administrative departments, according to the relevant legal procedure. It is actually the re-division and re-distribution of executive power. As a new law enforcement system and manner, comprehensive administrative law-enforcement is still in the elementary stage of its development, both theoretically and practically. About comprehensive administrative law-enforcement there is rarely systemic study, nor sophisticated theoretical support. Many basic concepts are still very massy and unclear, and haven't been unified yet. There are also a series of problems emerging in the law-enforcement practice, such as the lag of legal basis, the lack of law-enforcement processes, the incompatible interests of different departments and the inefficiency law enforcement. Therefore, deeper research on the theory and practice of comprehensive administrative law-enforcement will improve its development and perfection greatly.Through the analysis on the concept and characters of comprehensive administrative law-enforcement and study on its theoretical and legal basis, history background and development process, this thesis will summarize and analyze the current situation and predicament it faces, and then put forward the way to reform and improve the system of comprehensive administrative law-enforcement.This thesis is composed of five parts. Chapter one contains an overview of the concepts of comprehensive administrative law-enforcement. It distinguishes the comprehensive administrative law-enforcement from other law-execution actions, defines its characteristics and makes a detailed classification.Chapter two will make a profound analysis on the theoretical and legal foundations of comprehensive administrative law-enforcement. It will raise the theory of power distribution and balance, the separation of decision-making and executive functions. It will also analyze the legal basis of comprehensive administrative law-enforcement through the elaboration of the Constitution, laws and regulations.Chapter three mainly analyzes every administrative legal principle that the comprehensive administrative law-enforcement follows, such as principle of performing official duties according to law, principle of respecting and guaranteeing human rights, principle of trusting and protecting, principle of proportionality, and the principle of due process of law enforcement.Chapter four will introduce the history and development process of comprehensive administrative law-enforcement in detail, and review the development of the comprehensive administrative law-enforcement in two typical cities, Beijing and Shanghai, summarily.The last chapter will mainly analyze the current situation and problems that the comprehensive administrative law-enforcement is facing. The analysis will be made from five aspects: legislative authority, law-enhancement procedure, department coordination, institutional set-up, team-building, and supervision mechanism. The key point of this thesis lies in chapter five, which will make profound reflection and strategy exploration. Countermeasure schemes will also be raised from the perspectives of both macro and micro.