Function on the system of administrative enforcement procedures to protect

Abstract: The Administration according to Law is a basic requirement of administrative activities, Administration requires not only Law enforcement body to achieve the entity is legal, it must comply with strict legal procedures, respecting the relative rights of the program has proved, fair legal procedures and administrative effect of the multiplier , missing or improper procedure, the result difficult to guarantee the administrative end, in-depth understanding of administrative enforcement procedures and functions, build a corresponding system of protection will undoubtedly achieve procedural justice, building the rule of Law the government has an important and far-reaching significance.

Keywords: Law enforcement procedures, functions, system security

"Strengthening the supervision of Law enforcement activities, promoting Administration according to" the development of socialist democratic politics and building socialist Political civilization, as building a moderately prosperous society in an important goal with the development, improve the socialist market economic system and building socialist Political civilization and the objective requirements of the rule of law than the law still exist, such as administrative procedures and administrative decision-making mechanism is not perfect, supervision and control of administrative action is not perfect, and even law enforcement does not regulate illegal and improper exercise of authority and other issues, the legal rights of citizens against at the same time a certain extent, also induced anti-violence law, threatening the safety of law enforcement officers and hinder the smooth progress of the work of law enforcement, damage to the dignity of the law in violation of the government's credibility. implement the scientific concept of development, building a socialist harmonious society, we must vigorously promote Administration according to law, the government actively building the rule of law, strengthen the administrative enforcement procedures, standardize administrative law enforcement, Administration according to law is fundamental and critical pArt of the work this end, enhance program awareness, compliance with statutory authority, Information transparency and openness, to establish and improve law enforcement program-related systems and measures, administrative enforcement procedures to further standardize and institutionalize and create a good environment for law enforcement, right from the source to reduce public and private interests conflict, the government is to promote administration according to law the proper meaning of the title, has become the unanimous demands of the community .

First, the administrative enforcement procedures reflected the value function
(An emphasis on pArticipation, improve communication
Numerous and varied social affairs to the expansion of executive power as an inevitable trend, but there is no relative of pArticipation and co-executive functions difficult to implement effective management, executive and administrative counterpArt should be a positive interaction and cooperation relations. Thus, procedural justice, the protection to be introduced the concept of justice, that the administrative procedures by the administrative body and the balance between the relative position, thus preventing the abuse of power, minimize the administrative law enforcement process and the results of the modern executive is not only requires the exercise of administrative power, and requires the exercise of executive power in the process, must respect the executive power may be the views of affected relative. a product of the democratization process as a legal method, the function of the play is achieved through a series of procedures for the system The Administrative enforcement procedures require the administrative body should be given relative to the same administrative, full opportunity to present reasons and requirements, clearly inform them of their procedural rights and procedures for the legal consequences of the end through pArticipation in the system settings that have had full opportunity to present own ideas and evidence in their favor, emphasizing the pleadings in advance a mechanism in law enforcement to improve the executive and administrative body relative to effective communication, access administrative counterpart to the administrative acts of cooperation, understanding and recognition, to achieve administrative purpose of improving law enforcement effectiveness in the administrative enforcement process, expand citizens' participation can also be bound by the executive power lawful and legitimate exercise of the power of an external standard, and ready for the exercise of executive power is legitimate, proper, legal justice within the scope of defense, for the exercise of executive powers to provide a mechanism for self-examination, to make up for the traditional right to Political participation of citizens in the twentieth century a new social rule of law in the process exposed shortcomings, which itself is also in line with the rule of law in modern administrative law spirit of cooperation and consultation required by the principle. "administrative procedures as a scientific and strict meaning of that rule, at least make the meaning of the administrative body that made the risk of error reduced to minimum, as the administrative body that provides for the precise meaning one of the greatest possibility. "[1]
(Two to supervise the executive to curb corruption
Government to perform its functions, there must be judgments, choices, so administrative discretion of the executive power has become the modern core of procedural law on certain aspects of government law enforcement can only do the provisions of principle, how to prevent the abuse of discretion, ensure fair and transparent administrative law enforcement more difficult. In social governance, there is no enforcement power will be lost order, without giving law enforcement power with restraint and control of the end, due process, once produced, it is doomed to the discretion of the constraints and norms. "When it is bound The legal system in a reasonable range, according to the operation, there is for the government to ensure that government officials honest and efficient administration, so that it can maintain the Political order, improve productivity and the development of society: When the power fails or is not bound by the legal system, it beyond the orbit will be free of abuse, into a tool of those in power for personal gain, become engulfed the social fabric of the virus, thus the phenomenon of corruption. "[2]
As set out above in the functional, administrative law relative to the participation of people in the administrative process is not unilateral "command - to obey" model, but rather into the democratic elements, and supervision. The relative involvement of the executive and rational dialogue, determine the enforcement procedures should be followed by rational and scientific arguments to convince the decision according to the requirements of law enforcement agencies to avoid to prevent the wanton, arbitrary decision making in the administrative enforcement process, executive and administrative rules of procedure will be subject to the relative side effective control, the program is a framework to limit and restrict the means of executive discretion, and reasonable administrative procedures can effectively prevent the abuse of executive discretion, which has a positive effect on reducing corruption, the legal procedures to comply with legitimate law enforcement some of the principles and established an effective system will maximize the prevention of corruption. administrative enforcement procedures for the exercise of executive power can become legitimate and reasonable play a leading feature, the only way they are not the executive power of alienation a tool for the authoritarian and dictatorial.

(C to improve performance, maintain public trust
Administrative efficiency is the life of the executive power, one of the goals of modern administration is to improve the administrative efficiency of China's current status quo is the expansion of executive power, the use of chaos, inadequate control, lack of legitimate rights and interests of citizens effective protection, while the level of development of productive forces behind the construction of the socialist market economic system requires to have an efficient exercise of executive power [3] To this end, <<the State Council to implement a comprehensive framework to promote administration according to law>> will be "high convenience" as the basic requirements of administrative law, so operating mechanism of executive power settings, in many cases must take into account administrative efficiency, as Professor Wei De pointed out: "the executive, compliance with the program will spend some time and money, but if they can reduce the administrative authorities In the operation of the friction is worth it, because the program to promote justice and reduce public resentment pain, improve the relationship between citizens and Political commentator, whose role is to promote rather than hinder efficiency. "[4] seems to be the program's emphasis law enforcement officers to cause trouble, or even increase law enforcement costs, in fact, this can be entirely reasonable procedures designed to improve efficiency, and efficient law enforcement through the legal procedures to reduce as a result of administrative disputes caused by the possibility of administrative relief, combined with the program certainty and predictability can also help with the administrative counterpart, subject to the executive branch law enforcement, law enforcement to maintain dignity. harmonious social development needs of the government and trustworthy, efficient law enforcement, the responsibility to implement the current process of social transformation, this appeal is no doubt that the Government is not only based on their level of credibility with the legal power, and more on government administration and services during the course of public and social performance of public duties by the government's objective evaluation. <<State comprehensively promote the Implementation Outline for administration according to law>> will be "honest and trustworthy" principle as the basic requirements of administrative law, the Administrative Licensing Law Article 8 of this requirement will also be specific, clearly states: "Citizens, legal persons or other organization, legally obtained administrative license by the protection of the law, administrative authorities are not allowed to change the effective administrative license. administrative licensing is based on laws, regulations, rules and regulations to modify or repeal, or to grant the administrative licensing is based on significant changes in objective circumstances, the public interest requires the executive You can change or shall withdraw the effective administrative license. and this gives citizens, legal persons or other organizations, property damage, the executive should be compensated according to law. "procedures and the introduction of the system to start, as the communication between government and citizens, administrators and a bridge between the rational manager, the administrative process for enhancing the acceptability and credibility of the government to maintain social integration, no doubt has an important role.

I believe that the administrative enforcement procedures is a function of the value of content by a variety of system composed of and to achieve administrative and law enforcement's core values ​​of fairness and justice, only through the control means to achieve power and rights, which in turn is bound by strict legal procedures, improve the program as a system to protect content. "procedures are not minor things, as the government continued to sharply increase the power, only to rely on procedural fairness, it may become people of power can tolerate." [5] but in the present administrative enforcement In practice, on the one hand, long heavy solid, light stick to the program's awareness of law enforcement agencies do not pay attention procedures required of the "rule of law" that affect the efficiency of law enforcement. Just reacting to the negative performance, there obey the law, arbitrary acts of wanton disregard of the statutory procedures for the relative rights, and thus against the relative substantive rights on the other hand due to entrenched feudal subjects of consciousness, awareness of human rights indifference, the rule of law The lack of awareness of the program relative to not wake up, so long as the executive organ of law enforcement without endangering their basic survival and the fundamental interests of their administrative acts made by the executive will obey, because of the relative rights of their program ignorance and indifference, tried to slow the progress of China's administrative enforcement procedures and improvement of [6]
Third, the administrative law enforcement system to protect the functionality of the program
(A standard mechanism for administrative law enforcement evidence
Since law enforcement is the laws, rules and regulations applicable to the specific behavior of people and things, first of all we should clarify the situation of people and things, administrative enforcement decisions made before the facts have an objective basis to identify the survey must be comprehensive, objective, fair, this is the basic requirement of administrative enforcement procedures. China <<Administrative Procedure Law>> Administrative Procedure Law Article 33 the defendant's burden of proof in the time to do the restrictions: "In the course of the proceedings, the defendant shall not to the plaintiff collection of evidence and witnesses. "Moreover, <<Administrative Procedure>> provides administrative proceedings the burden of proof borne by the defendant executive principle [7] re-litigation evidence, the same is true of administrative law enforcement through the legal rules for proof of legitimate law enforcement The results of the evidence is the most important administrative law enforcement, it is support act conclusion, the punishment of the basis and foundation, to exclude or be held responsible officer of the unit or liability related to the objective basis and foundation of the administrative reconsideration and administrative litigation an important basis. Thus, the evidence for administrative law enforcement is important. One is to grasp the characteristics of the evidence, that must have the objectivity, relevance, adequacy and legitimacy of objectivity is objective evidence must be factual, not fictional, made up , is the evidence must be relevant to prove the matter with the substantive links between, not unrelated, is full of evidence to prove the result of law enforcement to support the formation of the final conclusion, legitimacy refers to the evidence must meet the statutory categories, and in accordance with legal procedures to obtain. The second is the use of appropriate evidence-gathering techniques, according to the specific law enforcement situations, you can use inspection, monitoring inventory, observation, inquiries, circularization, computing, analytical review and other methods to obtain evidence of law enforcement, to collection of raw data that matters, such as relevant documents and physical collection, can not do, written records can also be used to extract, copy, photographs, dump, download, etc. to obtain, in the collection of physical evidence, shall be indicated in kind The owner, quantity, storage location, storage methods and providers of physical evidence, etc.; to collect audio-visual materials or electronic data, should indicate the production method, production time, production of electronic data and operating environment, systems, and storage location, storage methods, etc. When necessary, the electronic data can be converted into written materials that can be converted to written Information in the collection of conclusions and inquests, shall indicate the identification or the inquisition of matters to identification and inquest officer to submit relevant Information or expert qualifications such as inquests, evidence obtained, there is evidence that providers should be signed or sealed, the provider can not obtain the signature or seal, the law enforcement officers should specify the reasons. executive the specific administrative act of the administrative procedures must be after the first evidence ruling, the ruling does not allow the first evidence, is not allowed in the absence of clear facts or evidence not made the case to the administrative law enforcement.

(B improve the Information disclosure system
Government Information, that the Government will actively or passively control the management of public affairs public information according to legal procedures, scope, manner and time to the public, so community members can easily access and use.

Government information reflects the inherent requirements of protection of civil rights, our Constitution, Article 2 states: "All Power to the People's Republic of China." This provision establishes the principle of popular sovereignty, it affirmed the power of the people is the owner of state Based on the theory of popular sovereignty, government authorities have an obligation to the public government information, people have the right to obtain government information. Information disclosure is not only a function of modern government by law, but by its legal obligations must be present although the State Council promulgated the "PRC Regulations on Open Government Information>>, but before even coming for a long period of time people interaction between the government and trust it is not completely efficient and healthy show and even, information barriers, communication, isolated walls still standing between the government and the people, has been developed from a number of local government information or local government rules and regulations local practice, the implementation of the relevant provisions are not very good, our government at all levels with an open, transparent government's objectives is still a long distance national legislative experience, as the country's government information a basic administrative systems, the form should be legal provisions and administrative regulations, level of specification can only be a transition government information belongs to the obligation of the government's power settings, should be based on <<Legislation Law>> of provisions of the development system and complete <<Government Information Disclosure Law>> eventually replace the administrative rules, reflecting the legal authority and secondly, the existing implementation of open government information regulations in the face of insurmountable obstacles, that is, the existence of the State Secrets Act, and trade secrets and personal privacy of the lack of legislation recommended that legislation be clearly improved by the information disclosure system to dovetail with the secrecy, the development of personal privacy or data protection laws, change <<Secrets Act >>,<< Archives Act>> and a number of matched the laws and regulations to ensure the smooth implementation of information disclosure. Furthermore, the complete disclosure of government information content, in addition to endangering national security, public safety, economic security and social stability, involving state secrets, commercial secrets, personal privacy, government information , other government information should be timely and accurate disclosure. overall planning, meticulous combing government information, comprehensive government information resources to find out the type, quantity and format standards. full and accurate disclosure obligations of the person writing the Open Government Information Catalog , and in a timely manner on the government portal to be released. by application of open government information must be practical, to determine the receiving department to develop the program accepted, standard acceptance procedures, do a good job application processing work. public rights of people by e-mail, letter , telephone and other channels to apply for government information disclosure, but also actively create conditions for timely processing.

(C refine this administrative enforcement procedures
This procedure means that the executive staff of law enforcement agencies before the decision in law enforcement, enforcement decisions will be made to the fact that the grounds and basis to inform the executive relative to other participants or persons and inform them of their rights and obligations according to law, this purpose is enforcement decisions to make the parties aware of the details and reasons, and you can listen to their views and ideas to ensure enforcement decisions of legality and legitimacy, but also facilitate the implementation of decisions of administrative law enforcement. China <<Administrative Punishment Law>> Article 4: "to the offense given administrative punishment must be published; unpublished shall not be made the basis of administrative punishment." Article 31 provides that: "the administration in making penalties Previously, the parties should inform the decision on administrative punishment of the facts, reasons and basis for, and inform the parties rights under the law. "breach of the procedure, may constitute unlawful act of administrative law enforcement, administrative enforcement decisions can not be established [8] Administration penalty notice procedure is based on the constitutional jurisprudence, administrative counterpart in the administrative legal relations in the legal status of the subject, is an independent interest and can not be disposable body, is to limit the executive abuse of power and effective power. fulfill the administrative organs obligations, both relative to the administration of respect for personality, but also the due process standards is to prevent executive abuse of legal mechanisms. These provisions protect the people's right to know the relative, the right to play an active role in relief, but the current penalty provisions of this program is still relatively in principle, leave a lot of room for discretion, and often controversial, such as <<the Administrative Punishment Law>> requirements, penalty notice in the "punishment before the decision." But, "before" to what extent it is not clear, then there is the law of penalties this way is in writing or orally, there is no mandatory requirement, and for the content of this are more vague, as to how statements, representations, where to make statements, to defend themselves, were not mentioned. Based on the above analysis, I believe that law enforcement was necessary to further regulate the refinement of this procedure: Links to Papers Download Center http://www.hi138.com 1, clearly inform the deadline. taking into account differences in the specific circumstances of the case, law enforcement procedures, the executive must be left on when this should be necessary on the one hand, given the relative well-off time, the executive branch fully prepared to inform the content should help to protect their legitimate rights and interests on the other hand, this period can not be too long, must protect the executive's law enforcement efficiency.

2, clearly informed way. Shall be informed in writing performance-based approach, if necessary, can be verbal, but should be tailored to the relative who signed off by the record.

3, clearly inform the content of an administrative decision relative to the executive agency shall notify the administrative acts of the time, place, nature, and the evidence to prove these cases, the reasons and to make administrative decisions based on what a law, regulations and rules a provision which, according to the specific to the section, subsection, item, not as certain general terms, while the relatively detailed and specific to inform the exercise of state power, defend the right of way, time and place.

(D sound system of administrative law enforcement responsibility
Administrative law enforcement responsibility on the executive statutory duties and obligations, breach of statutory duties and obligations to be borne by the corresponding legal responsibility and accountability for the main body of legal liability, procedures and legal norms and the corresponding relief mechanisms such as the sum of [9] is essentially to view, evaluation of administrative law enforcement responsibility system is a mechanism that is responsible to supervise and ensure the fulfillment and implementation of statutory responsibilities, from the perspective of law enforcement, law enforcement responsibility is not a single system, but with law enforcement responsibilities relating to the legal system The collection is necessary to implement the responsibility system of administrative law enforcement, not only to clarify its specific content, should establish and improve the enforcement system related.

Responsibility of the executive authority and norms of behavior, the administrative law enforcement responsibility is to determine the basis for this, in addition to strengthening the external oversight of law enforcement, the need of law enforcement responsibilities outside the executive branch into the internal assessment objectives, taking into account the different nature, different levels of the large differences between the executive, the executive's assessment of the target was to develop practical, reasonable, clear, specific, hierarchical classification of scientific setting. executive and staff in the administrative enforcement of any errors or omissions , may lead to the executive to take on this behavior in the name of the adverse legal consequences, so the executive to the performance goals must be broken down, one by one to various departments and personnel to implement and make specific work standards and requirements, a clear job responsibility to establish a sound administrative system of inspections and examinations system, strengthening law enforcement agencies responsible for the implementation of self-examination, for the discovery of the problem, it is timely rectification, while strengthening the social status of administrative law enforcement council and external oversight, such as carrying out administrative law enforcement position survey, in the media for public comment, hearings and community representatives convened poll, inspections and examinations for administrative law enforcement responsibility to take a random sample a variety of ways, making it a fair evaluation of the status of an important law enforcement objective basis, according to the implementation of administrative law enforcement responsibility, to establish incentive and restraint mechanisms to implement the executive staff rewards and punishments, is to strengthen government accountability an important manifestation of the Chief law enforcement accountability system is the central axis of the administrative law enforcement responsibility and the end result [10] Although the administrative law enforcement executive who is the exercise of executive power, but also subject to legal constraints, and the citizens, legal persons and the same must also be responsible for their actions result in violations of the law should assume responsibility and shall not enjoy impunity privilege, which is a necessary requirement for the rule of law, while the administrative law system of accountability is through the powers and responsibilities to play a role in a unified form so as to achieve the above requirements of an effective system. [11] implementation of compensation, recovery, administration can not simply rely on consciousness of the executive and law enforcement personnel, but should focus on the control mechanism. the basic requirements are: the control of law enforcement powers should be proportional to the power enjoyed, the greater the exercise of power, the responsibility of law enforcement should also be greater In this basis, the establishment of appropriate accountability system to distinguish between the fundamental responsibility of law enforcement problems generated in the process, their duties, to prevent the buck once produce errors, you can implement the administrative and criminal aspects of accountability, and force the executive authority in the statutory to operate within. have adverse consequences for law enforcement, full implementation of compensation and recovery of the laws and regulations. According to the State Compensation Law provides that the fault of law enforcement as a result of acts of reparation should exercise the right of recovery, to ensure that law enforcement is not an excuse to evade responsibility for a variety, at least in the economic, physical fault on their own responsibility. [12]
(E to build reconciliation and administrative law enforcement system, the introduction of the consultation process
In 2006 the CPC Central Committee and State Council <<on the prevention and resolve administrative disputes, improve the administrative dispute resolution mechanism on the>> requirement to actively explore and improve the reconciliation of administrative law enforcement system. Administrative enforcement decisions are often right there on the relative greater influence, in order to effectively achieve the purpose of law enforcement, conservation law enforcement resources and promoting law enforcement-oriented economy, you can carefully weigh the introduction of the consultation process, reconciliation and the establishment of administrative law enforcement system. administrative law enforcement reconciliation refers to the administrative enforcement process, the executive to be make administrative decisions based on facts or the legal relationship between the investigation can not be determined, or the cost of the inquiry is too large for effective administration to achieve the purpose, with the relative backward and reached a compromise agreement in writing activities. [13] In the final treatment decision making, executive and the relative can meet the required conditions for issuing an offer of settlement, mutual understanding and full consultation, consensus, with the formal requirements and the substantive elements of the settlement agreement of the parties to have legal effect, while building appropriate the necessary means of relief in the United States, most of the administrative enforcement cases are not solved by the unilateral decision to resolve it through negotiations. Negotiations can take advantage of business and the relative, to understand circumstances of the case and replace the program of action to correct the violations. "Before resorting to legal action to obtain additional information and to eliminate misunderstandings. The introduction of the consultation process will help promote bilateral cooperation and find solution through consultation to the management object can send a signal that the government in its efforts to enforce the same time willing to resolve the management of objects in the process of care and compliance problems, and through cooperation with the managed object to reach a satisfactory solution to reached through consultations to promote law enforcement purposes. "administrative law enforcement practice in the United States, mostly in the implementation of legal consultation, enabling the offenders between officials and law enforcement programs, to reach a legally binding agreement, or the need to reach the court for examination and approval agreement. [14]
Government is essentially about the rule of law in accordance with the rule of law to establish and run the government, law, effective implementation of administrative entities must rely on procedural norms, which is a Western empirical conclusion the rule of law as the rule of law into the modern civilized society, the inevitable choice, the exercise of public power persons, private rights of everyone should be aware of the legal norms of rational law enforcement program as a modern institutional structure of the rule of law means necessary and the main content, its importance can not be replaced by other systems or crossed. no modern law enforcement procedures lack of effective institutional protection, their proper function is difficult to play, the program will not reflect the value of the end, the harmony as an ideal state of society, the rule of law as the fundamental concept of the rule will only be difficult to build castles in the air.

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