| Administrative activities must have the executive power, including administrative enforcement power. The complexity and diversity of the form and means of administrative law enforcement activities make controlling such power a difficult problem for the research in the field of administrative law. The traditional legal principle to control administrative power is "power checks power". In China, due to various reasons, such as historical culture, the dominant position of power makes Chinese administrative law idea valued power and force, and gradually shows its unaccommodated property with modern democracy, public administration and the concept of human rights protection. However, focusing on the civil law rights, it contains the personality independence, equality, free will and good faith and cooperation contract idea and modern humanistic spirit, in line with the interests of the people and the pursuit of the spirit of the pursuit of modern public administration, also coincided with the democratic administration and participation in administrative and is consistent with public administrative development direction. If we can take the advantages of civil law to make up the shortages of administrative law, administrative law enforcement system will be more perfect. And the purpose realization will be more easily, which respect to power control. Therefore, the research of civil law factor in the administrative law enforcement power control, not only is the exploration on the concept of the administrative law theory, but also to adapt to the development of modern administrative law and administrative requirements.To understand the meaning of this topic, we need to clear the concepts of "administrative law enforcement", "administrative law enforcement power", "civil law", "civil law concepts such as factor". In a narrow sense, "administrative law enforcement", is the administrative behavior different from the administrative legislation and administrative adjudication. "Administrative law enforcement power", refers to the executive power behind the administrative law enforcement process. "Civil law" includes the essence of civil law and the form of civil law. This paper tries to discuss the civil law in the general sense of civil law with the essence meaning, including commercial law. "Civil law factor", refers to the every parts of the civil law. This paper extensively takes the concept or the spirit of civil law as other parts of civil law into account,besides the rules and the principles.This paper focuses on the power of administrative law enforcement field, use interdisciplinary method, theoretical analysis method, empirical analysis method to explore the civil law factor in the administrative law enforcement power control. Theoretical analysis- Case study- Improving path is the three parts to consist the main structure.First of all, the civil law factor restricting the power of administrative law enforcement has its theoretical foundation and unique advantages. First, they have similarities in function, the pursuit of value, and other aspects of the elements. Second, the traditional public law control method is not comprehensive. Third, civil law has many advantages in the process of power control of administrative law enforcement.Secondly, the principles, rules, idea of civil law are currently play controlling roles in the field of administrative law enforcement. There are two application modes for the rules of civil law. Direct application means application according to the direct order for civil laws in the provisions of administrative law( "mutatis mutandis rules"). Supplementary application means civil law rules shall apply on the case when the administrative laws unavailable. The application for the principles of civil law in the administrative law enforcement depends on the path of the judicial judgment. If the court decided civil law should apply, we should consciously apply civil law rules in administrative law enforcement. The idea of civil law lays stress on the spirit of the contract. It emphasizes the concept of autonomy, honesty and credit. Administrative contract and administrative guidance typically represent the civil law idea.From the existing role of the rules, the principle and the ideas of civil law, we can find the special properties of civil law factors in controlling the power of administrative law enforcement. Meanwhile, there still exist problems for civil law to influent the administrative law enforcement power. First, the traditional public law culture makes the administrative subject lack awareness of civil law. Second, the administrative law enforcement rules and civil law system lack of cohesion.The commonality and the complementarity of civil law and administrative law, and the realization for civil law to influent administrative law enforcement power, reflect the civil law factor can be used as a tool to control the power of administrative law enforcement. To strengthen the civil law effect in the field of administrative law enforcement power control, firstly the administrative law enforcement subjects shall act in accordance with the law, in supplementary role and in proper order; secondly, we may take actions in the following ways:First, we shall get rid of the curing barriers of administrative law enforcement power control system. Referring to countries such as Germany, France and other experience, we may set principle provisions in administrative law. At the same time, we may establish the administrative law enforcement case guidance system of the civil law application.Second, we shall overcome the outward effect of the ideas of civil law. Due to the imperfect system and the own reasons of the law enforcement subjects, the effect of civil law ideas float on the surface. This paper take the examples of the fusion of administrative contract and the idea of equality, administrative guidance and the idea of integrity, suggesting the second-time fusion of existing system and the civil law ideas; and propose to promote law enforcement personnel to improve civil law consciousness and enforcement ability, and to build the civil law environment. |
