Semantic interpretation of Administrative Enforcement Administrative Law

[Abstract] connotation and extension of administrative enforcement, there are a lot of argument, this article from the basic theory and the Law of logic to explore and reflect on, that can be called an administrative enforcement actions for administrative enforcement, but not necessarily compulsory administrative administrative enforcement actions, but also a lot of content and form.

[Keywords:] administrative enforcement, administrative enforcement, administrative enforcement measures, real-time enforcement, administrative enforcement actions
[Text]
Administrative Enforcement in China since 1996 has been engaged in full swing, this is near completion and the development of substantive Law into the operational phase. However, the relative immaturity of the Chinese administrative Law theory, the administrative enforcement today failed to draw a conclusion, [1] to reach a consensus. Although the draft Law [2] The compromise of the Law, but still not able to overcome and avoid the theory and practice of undistributed defects, and even led to the theory and practice of administrative law anomie and missing. is called, "the world's most disputes are caused by the words." in the legal profession and law experts, to grasp and understand the legal essentials of different, often the source of controversy and discussion. [3] Administration forced, the door is about to enter the legal concept of law, from its inception has been and is being subjected to such a baptism, and Dynasty. For this reason, from the practice and theory, based on modern constitutionalism, rule of law and administrative law of the new paradigm, we have administrative method semantics in order, analysis identified and reviewed for discussion.

First, the Administrative Enforcement - Administrative Enforcement - compulsory administrative measures
Throughout the development of administrative law on administrative enforcement, there are three views: First, administrative enforcement is equated with administrative enforcement. Second, equivalent to the administrative compulsory administrative compulsory measures. Third, the administrative enforcement is administrative enforcement and administrative compulsory measures of cooperation and the general said. Today, this form of "administrative enforcement = Chief + administrative coercive measures to enforce" the understanding not only admired by scholars, but also the work of departments of the initial legislative approval, which will affect our country is about to the name of the development of regulations to consider. [4] around this, as explained by Professor Ying Songnian as: "In consideration of the law must be standardized administrative enforcement, but also standardize administrative enforcement measures, it was suggested that the method known as the Administrative Enforcement Law Enforcement Act, not administrative. "[5] from the development process, we can easily Insight out: China's legislation empirical, but also highlights the importance of the concept of legislation. legislation, of course, can not be separated experience. the law of life is that experience: it is not logical. [6] However, the experience of the process itself is a logical process, respect for the experience does not mean to stay on top of the experience. If so, it became empirical. All things are developed on the basis of practice, but has never been the experience or empirical things. So Holmes's famous phrase philosophy emphasizes only the importance of experience, not to say that the law is experience. In this way, understanding and grasp of administrative enforcement will not be to examine only from the perspective of experience, we must put into perspective the logic of the system and in order to obtain a scientific solution, which is the legal concept that administrative enforcement must be drawn into the legal system, a legal concept. Only in this way, theory and the practice was able to comprehensive. legal concept of legal facts is highly abstract and general scope of the authority formed, it is to understand the basic spirit of a law and the basic content of the key, the correct application of legal norms is a prerequisite question - If the connotation and extension of the law is not properly understood, the application of legal norms that could be a "misuse" or constitute an offense. [7] can be said that the law is a legal concept of the skeleton, [8] is thinking and the law practice, the logical starting point is the basic essential elements of the legal form. Only through the legal concept of legislators to develop documents, and only with the legal concept of the judiciary to the analysis of things, a judicial judgments, only the use of legal concepts, the public can know law, legal Researchers can study, improve the legal, [9] and only with the legal concept of government (executive body and staff to Administration according to law. Therefore, the administrative enforcement, administrative enforcement, administrative enforcement is not simply equal to three concepts or contain can not document the experience of the practice and experience of the practice to be defined, but denied that the Chief Administrative enforcement includes enforcement and administrative enforcement measures. against the trial of the latter two manifestations of the former and carrier, but not all. From the logical structure of legal norms, on the assumption, treatment, sanctions, [10] administrative enforcement and administrative compulsory measures only part of their treatment, and all of its administrative enforcement is, in legal fact, the legal relations, legal responsibilities legal logic structure, [11] the same way. as follows:
Before the mandatory administrative compulsory enforcement in the post-compulsory administrative measures for enforcement of legal norms and assume that the logical structure of the logical structure of the law dealing with legal sanctions the fact that the legal responsibility of the legal relationship between legal norms (on the
Clear from the administrative enforcement, from the whole of the legal norms, legal norms from the individual concerned. Administrative enforcement and administrative compulsory measures are considered in the process and content of legal relations. The former is a mandatory act for the content of the process , is the core, which is a way to force selection, methods and means of behavior play a role of external tools. One is the dynamic, one is static. However, compared to non-administrative enforcement of administrative enforcement, not only into the system of administrative law , but also has its own independent system, which embrace the two states and cover a lot of content is a complex of legal concepts. Therefore, the administrative enforcement of the connotation and extension of more than administrative enforcement and administrative measures of the connotation and extension.

Second, administrative enforcement - Instant Enforcement - Administrative Enforcement
At present, the relationship among three views: a view that contains the immediate mandatory administrative enforcement, administrative enforcement or administrative enforcement, the other view, is the executive administrative enforcement of non-performance relative to the direct coercive measures, the third view that administrative enforcement is the executive administrative purposes to achieve a variety of coercive means to include not only administrative enforcement, including real-time enforcement. [12] In our view, the first two kinds of comments are not circumspect, although the latter opinion desirable, but still not comprehensive, circumspect, there is anomie. in the constitutional state's legal system, the force to enforce mandatory and non mandatory or otherwise divided or not in real time immediate enforcement of the mandatory and non-real-time points, the state power are the legislative, executive, judicial enforcement of the points, also can be used immediately to force the same division. in administrative law (as the threshold of learning within the definition of compulsory study and, first of all have administrative enforcement is out. When the state administrative enforcement as the standard of time the situation has immediate administrative enforcement and non-real-time administrative enforcement of the points. The real force is the time to force the situation in the state as a standard classification and division of a situation, and not into the Visual Field of Administrative Law. into which continue to be drawn by the same: real-time and non real-time executive administrative compulsory enforcement. visible, administrative enforcement and immediate enforcement is mandatory in order to divide and classify the different standards, or the same bit of parallel concept. The relationship can be expressed as:
Force (power - administrative enforcement (time situation - immediate administrative enforcement and non-real-time administrative enforcement
Force (time situation - immediate force (power - instant administrative enforcement, administrative enforcement of non-real-time
It can be seen, administrative enforcement and enforcement in different real-time real-time perspective is the concept of administrative enforcement, the two are cross-cutting, a common part of the immediate administrative enforcement. Instant instant administrative enforcement or administrative enforcement [13] the concept of German scholars of this century and the first proposed use of Folai Na, [14] gradually accepted by scholars. [15] The real-time enforcement and Administration of administrative enforcement relations, administrative law, there are three different theories: [16] 1, contains said. to say that force is the Chief Executive immediately enforced a kind of a direct enforcement. [17] can be said that the administrative law is that the initial pass. [18] 2. Cross says . to say that the force and the Chief Executive Jishi is a cross between enforcement of that part of the Chief Jishi mandatory administrative Jishi or some part of the executive to enforce mandatory. [19] 3. tie said. to say that administrative enforcement implementation and Administration of real-time enforcement is administrative enforcement, but it is two independent of each other, do not belong to the administrative enforcement. [20] the relevant national legislation, but also embodies the said. It can be said that essentially parallel the current Administration has become The general law says. [21] or the existence of the three theories have the same or different historical periods, under the situation at the time either theory or practice should be said that has to be justified. However, the standing scientific and complete administrative law point of view, real-time enforcement and administration of administrative enforcement is a different concept of precedence and rank. The former is a collection of concepts, the full name of judge, [22] The latter concept of non-collection, special judge said. that immediate enforcement of the concept of the Chief Executive presence real-time enforcement, and also include other elements and content. The process of administrative enforcement to act as the core, emphasizing the process of procedural and administrative body. Similarly, the standard of time the situation can be divided into administrative enforcement and administration of non-real-time instant enforcement. In other words, the Chief Executive immediately force the immediate enforcement of existing problems, the contrary, there is also the Chief Executive to enforce the case of immediate force or stage. only the administrative enforcement is both real-time perspective of a common concept. Therefore, two who is a cross between the content. In this connection, we agree with the aforementioned second doctrine, but to be clear that the two are different concepts under a different domain, not in common use under the same domain.

Administrative Enforcement and Administration of the relationship between enforcement, academia is still included in the former holds the latter view. [23] However, we still believe that the former is a collection of concepts, the full name of judge, which is a non-collection of concepts, particularly said the judge, the former is an element or content, and through to the end. Meanwhile, the administrative compulsory measures are also in parallel with the administrative enforcement of the concept, which can only be administrative enforcement methods [24] or means. implementation of measures is closely related to , the implementation of measures can not be separated. leave measures to implement to become a mere formality, the implementation of measures can not be separated, or to lose its vitality and value. Therefore, administrative enforcement and administrative enforcement measures throughout the two essential elements, is a dynamic elements and static elements of the optimal configuration and integration. In addition, from the perspective of epistemology and methodology, which is essentially the two elements from different administrative enforcement of the general and abstract values.

Third, the administrative enforcement - administrative enforcement actions
The composition of all social relations, or changes in behavior are achieved through the will of the people, human behavior is the intermediary of all social relations, and only by adjusting the behavior of the human will to achieve social adjustment. [25] As Weber words: "social 'relationship' should be a behavioral intention based on the content of each regulation, and as several people-oriented manner." [26] consequent, the law is established for the conduct, which he first behavioral work, the first adjustment of human behavior. [27] Just as Marx said, "For the law, in addition to outside of my actions, I do not exist, I'm not the object of the law." [28] a nutshell, behavioral adjustment of the legal relationship between objects. [29] can be seen, behavior, everything outside the core elements of the key and, as the legal significance of the legal acts as well. Administrative enforcement is administrative law (the concept of learning must be to fully reveal and reflect the areas of fundamental and universal administrative enforcement on things, and acts as the implementation of administrative enforcement or implementation of methods and means of foreign, in various forms. can be said that an administrative enforcement actions can be called as administrative enforcement, but not necessarily compulsory administrative administrative enforcement actions, but also a lot of content and form. Links to Research Papers Download http://www.hi138.com In summary, the following administrative enforcement can be classified and Division:
Chief instant force - Administrative immediate coercion - real-time enforcement or administrative measures
Administrative Enforcement
Administration of non-real-time force (generally or general - administrative enforcement actions - or measures of implementation
On this basis, the Chief Administrative Enforcement Law Enforcement Act and the similarities and differences are clear, the name dispute resolved. Obviously, the former connotation and extension of large, wider than the latter. Therefore, there is no rank between the two issues. Administrative enforcement method is more comprehensive and scientifically reflected as a separate department of administrative law and the connotation and extension, and their host law is law enforcement law or administrative procedure law, the implementation of law and administration are in the same position, tied for the law, there is a logical has or convergence relationship.

In short, the administrative enforcement as the administrative law (learn a specific administrative act or the concept of administrative action, more scientific and rational. Accordingly, as a separate legal department administrative law, dubbed the administrative enforcement of natural matter of course, understandable.

[Notes] [1] Hu Jianmiao with: <<Administrative Enforcement>> [M], - Beijing: Law Press, September 2002 edition, p. 2.

[2] refers to the Office of Legislative Affairs Commission of the NPC Standing Committee on May 11, 2005 revised version of the draft administrative enforcement in the second definition.

[3] Deliberate Huang Xuexian: <"China Administrative Procedure>> [M], Beijing: Law Press, April 2000 edition, page 4 Introduction [4] op [1], Section 2 - 5.

[5] See: should be loose, at the 1999 Cross-Strait Symposium on Administrative Law, "keynote speech", in Yang Xiaojun, Wang Zhou households editor: <<Administrative Enforcement and the Administrative Procedure Law Study - Executive Across the Taiwan Strait in 1999 Law Conference Record>>, China University of Political Science Press, 2000, p. 10.

[6] [United States] Oliver. Wendell. Holmes: <<common>> [M], cited in Nai root: <<History of Western philosophy>> [M], China Politics and Law University Press, 1993 , p. 251--253 page.

[7] op [1], p. 127.

[8] Zhou Yongkun with: <<Jurisprudence>> [M ],_-- 2 edition, Beijing: Law Press, March 2004, p. 127.

[9] cit [8], p. 210.

[10] See: Zhang Xian, "<Jurisprudence>> [M], _ Beijing: Higher Education Press, 1999 (2001 reprint, National College of Law Professional core curriculum materials, p. 70.

[11] See: Kou Zhi new, "<civil law>> [M], Shaanxi People's Publishing House, June 1998 version 1, 15 - 19.

[12] Deliberate: <<enter the 21st century, China Administrative Law>> [M ],_-- Beijing: China Personnel Press, May 2000 (June 2003 reprint, p. 416.

[13] This concept of two different standards under this division in the draw, to express the same meaning.

[14] Cheng Zhongmo: <<Administrative Law of the basic theory>> [M], (Taiwan, San Min Book, 1998 edition, p. 190, cited in: Yang Xiaojun, Wang Zhou family code, "<administrative enforcement and administrative procedures Research - 1999 Conference Record of cross-strait administrative law >>,-- Beijing: China University of Political Science Press, July 2000, p. 181.

[15] Yang Xiaojun, Wang Zhou family code, "<administrative enforcement and administrative procedures of - 1999 Administrative Law Conference Record >>,-- across the Taiwan Strait, Beijing: Publishing House of China University of Political Science, July 2000, p. 181 page. administrative compulsory enforcement of administrative enforcement measures to immediately enforce the Chief Executive of coercion [16] See op [15], the first 185--186 page.

[17] See: Chen Xinmin, "<Administrative Law Zonglun>> [M], (Taiwan, San Min Book, 1985, p. 315, Wang famous," <French Administrative Law>> China Politics and Law University Press, 169 ff, [Su] Ma Luoxin other, "<Soviet Administrative Law>> masses Press Office 1983 187 ff, Zhang Shangzhuo (on the clan, the next a bird, replaced by homophone," <administrative law Tutorials>>, China Central Radio and TV University Press, 1998, p. 174.

[18] op [15], p. 185.

[19] See op [14], should be loose in, "<Administrative Actions Act">, People's Publishing House 1993, p. 563.

[20] See: (at Shijing force book, "" Japanese Modern Administrative Law>>, p. 136, Chen Xinmin, "<Administrative Law Zonglun>>, p. 305, Jia Yuan hygiene," <Administrative Enforcement Introduction> >, People's Publishing House, 1990, p. 12, Hu Jianmiao, "<On the administrative enforcement>", in <<Law Research "" 1988 in the first period.

[21] op [15], p. 186.

[22] See: Department of philosophy, Renmin University of China Department compiled logic, "<formal logic>" (revised version of the Chinese People's University Press, July 1984 2 (February 1989 14th printing, p. 70.

[23] See op [12], p. 417.

[24] See op [15], p. 194, see Zhu Xinli, Yu Jun, "<On the reasonable position of administrative compulsory measures>>, p. 203.

[25] Zhu Jingwen, "<Jurisprudence Research>> [M] (under the Chinese People's University Press, 2006,627 pages.

[26] [Germany] Max Weber was, Hayashi far Translation: <"Economic and Social>> [M] on the volume, page 57, Beijing, Commercial Press, 1998. [27] Zhang was: <<Jurisprudence>> [M], Beijing, Higher Education Press, 1999 (reprinted 2001, page .47.

[28] <"Marx and Engels Collected Works>> [M], I, 16,17 pages, Beijing, People's Publishing House, 1956. [29] Zhang was: <<Jurisprudence>> [M], Beijing, Higher Education Press, 1999 (2001 reprint .47 pages. Links http://www.hi138.com Research Papers Download