Research On Grade Jurisdiction Of The Administrative Law Enforcement

Conflict of the jurisdiction of the administrative law enforcement level in the process of administrative law enforcement is currently of the more common types of rights conflict, it mainly exists in between the administratrative with different levels and same functions.Such conflicts have open pattern of manifestation, various ways,legal content and social consequence. Its social influence, not only affect the authority of the government, but also seriously affect the citizens’ legitimate rights and interests, and trust in government.Therefore, it is necessary to mention attention and in-depth research on this phenomenon and put forward the corresponding countermeasures, so as to achieve the purpose of government management and aim.This article first to define the concept of administrative law enforcement, in order to make clear that the article mainly discusses the implementation of the administrative punishment act of administrative authorities. On the basis of this and then clear the connotation of the jurisdiction of the administrative law enforcement level, in-depth analysis of the level jurisdiction division basis and its significance.The second part of the article mainly summarizes the present situation of the jurisdiction of the administrative law enforcement level, including the status quo of legislation, law enforcement and jurisdiction conflict resolution, and then aimed at the aforementioned problem of the in-depth analysis and discussion, and summarize the reasons of the conflicts of the jurisdiction of the administrative law enforcement level generalizations objectively and subjectively, then learn reasons of conflict of the jurisdiction of the administrative law enforcement level mainly includes the legislative defects, the illogical configuration, lacking of jurisdiction conflict resolution mechanism, in addition, also including department interests, the negative influence of law enforcement personnel quality, etc.The above factors lead to cross, overlap and blank in Competence of different degrees between administrative subjects.The fourth part of the article mainly introduced The main content of the reform of Administrative law enforcement and the experience of building Administrative law enforcement of Jiangxi province.The reform attempt is a precedent in jiangxi province, the practice shows that the reform is successful, therefore, also providing the feasibility of practice for the research of the jurisdiction of the administrative law enforcement level.Through the analysis of these reasons and the reference to the reform of jiangxi province, the fifth part mainly put forward the concrete countermeasures and measures of the conflict of the jurisdiction of the administrative law enforcement level, first of all, fundamentally the establishment of the legal relations of the administrative subject between higher and lower;Second, respectively, put forward the corresponding countermeasures to resolve the problem from the perspective of internal and external point of view, including perfecting legislation, reasonable distribution of the governance, strengthen the management and supervision of organization function, strengthen the construction of law enforcement personnel quality and improve the mechanism of the administrative law enforcement responsibility, etc.;Finally, from legislative, judicial and administrative law three angles to explore establishing model to conflict arbitrament, and finally established the decision mechanism shift focus to the administrative ruling mode with The judicial ruling mode.