Study On The Administrative Law-enforcement Commenting And Assessing Systems

With the development of economy and society, the process of the rule of law is also advanced in our country. As the core of the process, administrative rule of law requires executive department and law enforcer to implement law strictly. If they violate the law or regulations, they will take corresponding responsibility for it. However, in order to judge their action, it is imperative to institute a scientific and reasonable system for evaluation of work (or we call it administrative law- enforcement commenting and assessing systems). That is to say, through categorizing the content of administrative department's activities and then setting different assessing index systems, people could exam the conduct of the law enforcement branches and officials. Through this way, it supervises the enforcement activities lawfully of government and advances its administrative capacity.Through several years'development, our administrative law-enforcement commenting and assessing systems have already made some progress. Nevertheless, as a newly systems, there are many problems both in theory and in practice. In addition, with the development of the political reform, transformation of government functions has been already placed on agenda. Because establishing the government rule by law, responsible government, service government or sunlight government all require for protection of the administrative law- enforcement commenting and assessing systems, it is very important to strengthen theoretical study of it. The thesis is written just under this background, with the hope that it could be made some contributions to the systems.There are four part of this paper. The first part mainly introduces the definition and the content of the systems, and also analysis the character and significance to study the systems. Besides, it also describes the history of the systems. The second part primarily demonstrates the theoretical basis of setting up the systems with sovereignty theory, human rights theory, and rule of law theory. The third part depicts the present situation and analysis the reason of the systems both in legislation and practice aspects. As for the problems existing in legislation and practice, the last part makes the counter measures to perfect the systems.At present, because our administrative law-enforcement comment and assessing systems is still in the begging stage, there are many defects both in legislation and practice. Therefore, in order to establishing and perfecting the systems, it needs the joint efforts of many people, including state official, professor and people from all walks of life.