Research On Legal Concurrence Issue In Administrative Law Enforcement

Legal concurrence is the different legal evaluation in administrative law enforcement.Legal concurrence exists while the drawbacks in legislation and law enforcement mechanism caused many problems relates legal concurrence.Solving these problems in administrative law enforcement may raise the level of administrative law enforcement and protect the right of administrative counterpart.This dissertation study legal concurrence in both theoretical and practical level as the following parts: the brief introduction.This part introduced the background,the purpose,the current results,the main content and the research methods,as the start of the whole paper;the first chapter is the situations of legal concurrence in administrative law enforcement.With two typical cases,this part summaries the rules in administrative law enforcement practice by administrative and judicial organs.The second part is the causes of legal concurrence in administrative law enforcement.These causes can be divided into general cause and special cause.The former refers to the legal concurrence is objective existence;the later refers to some special reasons such as the administrative mechanism,the low-quality of legislation,the departmental interests involved may magnify the phenomenon of legal concurrence.The third part is the influence of legal concurrence in administrative law enforcement.This part maintains that many parts even the administrative rule of law would influence by legal concurrence in administrative law enforcement,so we should solve it properly.The fourth part is the existing rules and their deficiencies.We found that some rules in the current legal system were designed to solve the conflicts while they were unable to finish the tough tasks.The fifth part is the measures to legal concurrence in administrative law enforcement.The traditional way to solve legal concurrence is based on the existing rules in jurisprudence,however,the particularity and complexity of administrative law enforcement causes the limitation of the existing rules.So it is necessary to extend the existing rules and develop some new rules.The last part is the conclusion.