Supervision of administrative law enforcement problems and countermeasures

I. Overview
Administrative Law Enforcement Authority has broad and narrow two meanings. In the broad sense refers to various types of administrative Law enforcement supervisors of supervision according to Law, state administrative departments and their civil servants and the right to administrative body to monitor the implementation of administrative actions, supervision, and supervision activities. Is included oversight authority, the judiciary's oversight, the executive's internal oversight, the ruling party's supervision, supervision by public opinion and other social groups and social levels and in various forms of supervision system. in the narrow sense of administrative Law enforcement and supervision of the executive within a certain range administrative Law enforcement and administrative law enforcement officers to judge the law enforcement administration, monitoring, supervision and constraints, within the executive level oversight of administrative law enforcement. This article narrow sense of the issues related to law enforcement supervision, that government administration law enforcement.

With China, "according to law", "building the rule of law government" era, the government legal work has received more attention, in the administrative decision-making, dealing with legal affairs, has played an important role. Administrative law enforcement and supervision is the Government One of the important terms of the legal system. primarily through the exercise of the right to correct the deadline, the decision drew the same level of government power, coordination and communication with government departments such as the right of law enforcement authority to identify and correct problems, so as to achieve the purpose of supervision. The Government law enforcement agencies work of supervision is an internal oversight, supervision and administrative litigation as compared to the way in the supervision can be more flexible, more convenient communication and is also the one hand, the error correction to reduce the cost of the executive, on the other hand, pay more attention to this internal monitoring team building from the basic level of law enforcement supervision, more conducive to the executive authorities to fundamentally solve the problems of administrative law enforcement, and the specific administrative act by some law enforcement before providing advice to reduce the illegal administration of likely to significantly reduce the administrative authority to supervise other disadvantage may be the defendant, the negative effects of illegal administration to a minimum. However, the administrative law enforcement and supervision, there are still a lot of functions incompatible with their own constraints, how to correct these factors and to identify practical measures for better supervision of law enforcement functions play an important significance.

Second, problems
First, weak monitoring force is not conducive to our goals according to law. Before the reform and opening up, especially during years of civil strife, "legal nihilism," the prevalence of legal institutions is basically our government is paralyzed or blank state. Reform and opening up With China's gradual establishment of market economic system, political system also continued to deepen. government legal work is in this major economic and political changes in environment to recover, rebuild and normal running. However, the concept of rule of law missing, especially in the areas of government administration, that administration is the management, "Government can not non-" thinking also dominates, which resulted in legal institution-building of government paid insufficient attention to the existence of institutions is too simple, staffing is not complete situation. in some places there is no dedicated legal institutions of government, the legal system by the relevant departments as a "part-time" to deal with. Some of the government legal agency personnel, equipment configuration is relatively weak, office lack of funds. do not have enough manpower and resources to complete supervision of administrative functions. supervisory functions can not be effectively exercised and implemented.

Second, the lack of law enforcement supervision theory. In administrative law on administrative supervision discussion of the legal relationship among the few governmental legal bodies involved in law enforcement oversight. Executive oversight of administrative law theory in the discussion, including the national legislature the judiciary as well as specialized supervisory authority (supervision and auditing, and social forces of government supervision of administrative activities. As for government legal agencies within the government oversight of this important power, but of the few. the absence of theory makes this The existence and importance of internal oversight easily ignored. and at the legislative level, the Government of the lack of a unified legal system monitoring method. and other terms of supervisory methods are compatible with which the legislation, such as supervision of the government to the legislature <<Constitution>> as the basis for monitoring the sector <<Monitoring Law ">, the Judiciary <<Administrative Procedure>>, as the broad supervision of the administrative review within the government, there is <<Administrative Review>> as a legal support. supervision of the administrative enforcement of legal documents is not unified, although large parts of the file specification has the legal supervision of administrative law enforcement behavior, but to law enforcement supervision of the work on the importance of administration according to law, the formulation of a unified administrative supervision law enforcement , and help carry out the work of administration according to law.

Third, the monitoring system design is imperfect, inconsistent with the status of administrative law enforcement.

First, the supervision and control mechanism is too weak. Our work is mainly administrative law enforcement and supervision system to achieve the following: document management system of administrative law enforcement, regulatory document filing system, law enforcement notification system, a major penalty case filing system, files comments check system and the legal work of various departments of government censorship. First of all, these systems in operation, there is no appropriate feedback mechanism, the executive views on the handling of oversight bodies such as the adoption of the implementation of supervision and follow-up actions are often caught in the blank. Second, the results of some monitoring not included in the assessment system into the administrative organ, so that work is good or bad, strengths and weaknesses of the system implementation can not be reflected in the overall administrative authority among the executive order will not appeal to the attention of law enforcement, not conducive to the enhancement of administrative law enforcement.

Second, some system is "superficial" form than content. Such as law enforcement notification system, each quarterly report, the number of fully submitted by the relevant units, and their number is not required to submit relevant information to support files, making it difficult to avoid some departments misstatements, omissions and even make up some numbers to deal with, this system is a typical "superficial" is to form, making the monitor into the statistics, would not achieve real monitoring role. Links to Research Papers Download http://www.hi138.com Third, inadequate supervision and support mechanisms. supervise the content of the provisions are too simple and not to establish corresponding measures. such as refusal or delay in performance statutory duty to act, only to give notice within a time limit, fails to do, to submit for the decision made by the people's government at the same level. But there is no specific system to specify how access to such behavior, how to identify such behavior, correct duration of the correction whether the need for feedback to the supervisory bodies and so on.

Third, improve the supervision system of administrative law enforcement response
First, pay more attention to law enforcement supervision, and strengthen supervision and law enforcement ranks, consolidating the work of law enforcement supervision of physical, human and other resource base. To further standardize and strengthen supervision and law enforcement jobs construction, increasing the number of staff positions, increase the manpower in the construction of material resources, the administrative law enforcement and supervision into a monitoring mode with the balance of power in the development of other important mode of supervision.

Second, strengthen the theory of administrative law enforcement oversight and legislative building. To administrative theory and practice of law enforcement supervision, based on the Government to establish a comprehensive theory of law enforcement supervision system, to make up for supervision of administrative law enforcement study of the absence of the lack of law enforcement from supervision of the legal relationship started, positioning side and being supervised oversight powers and obligations of parties. with law enforcement around the actual, overall planning, supervision of law enforcement as soon as possible to formulate a unified legal documents to allow the monitoring methods are more specific and clear legal support, to avoid the oversight no basis, and supervision at random, ineffective supervision, and thereby to promote law enforcement and supervision work.

Third, to further improve the supervisory mechanisms, the establishment of a state administrative law enforcement and supervision system compatible. Our law enforcement and supervision there is still superficial, restricting mechanism is not perfect, etc., can not solve the problems some of the problems of administrative law enforcement. Therefore, to establish a set of effective measures, supervision and effective system is imperative. I think. you can build from the following aspects. First create a dynamic information collection system of administrative law enforcement. Through field survey, television broadcasting, the masses, etc., on the relevant information related to administrative law enforcement to analyze, judge, screening, and thus this information with the relevant administrative authorities linked the terms of reference, which make enforcement recommendations, suggested that the relevant law enforcement agencies to carry out targeted enforcement activities focused on. For example, the supervisory authority in the masses of the omission of certain law enforcement agencies to report, investigate and verify, you can urge the authority to carry out administrative law enforcement departments. Second, to strengthen control mechanism. monitoring require appropriate control mechanism, our government law enforcement and supervision of the control mechanism is too weak, not conducive to executive self-correcting. In view of this situation, should establish a uniform set of powers and responsibilities of supervision and control mechanism, namely the establishment of oversight bodies dealing with the adoption of opinions and feedback system. the relevant administrative authorities should pay attention to the recommendations of oversight bodies, and adoption and other related matters of opinion or feedback to oversight bodies. The second is the establishment of monitoring results linked to job evaluation system. make the work of various departments of law enforcement oversight as an important part of the assessment, linked directly with the units performance.

Conclusion
In short, China's administrative law enforcement and supervision system as an important work of the government legal system, administrative law enforcement departments in promoting the self-correcting, improving administrative capacity, to create "government by law" to achieve, "according to law," the goal, and played an important effect. However, it is undeniable that China's administrative law-enforcement supervision mechanism by traditional thinking, economic development, folk customs, and many other aspects, there are still all kinds of problems, only increase the oversight body's own building, complete theoretical system of law enforcement supervision, strengthen supervision and restriction mechanism, the system will be more perfect to play a greater oversight role. reposted elsewhere in the Research Papers Download http://www.hi138.com