【作者】 郑广宇；

【导师】 于晓光；

【作者基本信息】 长春理工大学 ， 宪法学与行政法学， 2008， 硕士

【摘要】 行政执法责任制产生于上个世纪90年代,是我国建立社会主义市场经济体制和建设社会主义政治文明过程中创新的行政法律制度。行政执法责任制产生于客观实际的需要,源于我国的行政执法实践,它是实施责任政府、法制政府、民主政府的一个重要途径,其作为一种规范和促进行政执法行为的一种全新措施,对于改革中国现行行政管理模式和完善现阶段的行政执法机制,推动和实现各级政府机关依法行政,都有着非常重要的意义。由于行政执法责任制产生于我国地方政府法制工作实践,对它的理论研究也是建立在部分法制工作者对工作经验总结的基础上,导致该制度具有浓厚的本土特征和呈现出明显的理论研究滞后性。本文试图通过总结行政执法责任制的概念、特征,介绍其出现情况,论述其产生原因,从理论上分析行政执法责任制的理论基础,为推行行政执法责任制找到理论方面的指导,并通过分析我国行政执法责任制发展的现状及存在问题,以求创建适合我国发展需要的行政执法责任制。本论文的研究有助于总结行政执法责任制实施的经验,推动行政执法责任制的进一步发展和完善。更多还原

【Abstract】 The responsibility system for administrative law enforcement as a new responsibility system for administrative law, is the inevitable result of the development of the democracy and the rule of law during the period of the social changes of China in 1990s. It is undeniable that to publicize and carry out the responsibility system for administrative law enforcement is great significant for the government agencies to administrate according to law. While currently there exist many practical issues and lack further and complete theoretical study on the system, due to it is affected by many elements. So on the basis of the need of the strategy that the Party and state is carrying out to govern our country according to law and build the socialist country under the rule of law, the thesis has the necessity and the sense of urgency of the age to study and discuss the responsibility system for administrative law enforcement further and systematically. The thesis consists of three chapters: Chapter one mainly surveys the responsibility system for administrative law enforcement, and analyzes the process and the motivation of the emergence of the system, also states the definition, quality and the meaning to carry out it in our country. The second chapter is the practical analysis of the responsibility system for administrative law enforcement of our country. It analyzes the current situations and the reason of the barriers of its application. The last chapter discusses the ways to perfect the responsibility system for administrative law enforcement of our country.The responsibility system for administrative law enforcement of our country is from the reform of the people’s government of Human province, later many local governments learned to spread the system. General Office of the State Council formulate General Office of the State Council Certain Suggestions on How to Carry out the Responsibility System for Administrative Law Enforcement on July 9th, 2005,in which the assignments to carry out the responsibility system for administrative law enforcement are made plan for specially. So the responsibility system for administrative law enforcement is set up in the administrative organs of out country completely. The inherent reason of the occurrence of the occurrence of the responsibility system for administrative law enforcement is the basic demand of governing country according to law and administration according to law, is the inevitable choice of building the high effective, clean, diligent and pragmatic government and protecting the legal rights of the opposite to the administration. The directive reason of the occurrence of the responsibility system for administrative law enforcement is that the administrative law enforcement lacks of system safeguard and the ways to supervise. The so-called responsibility system for administrative law enforcement refers to define the law enforcement responsibility and obligation of the law enforcement agencies and officials properly and reasonably, and the total series of law systems through the way of ascertaining the law responsibility of the law enforcement agencies and officials that break the law administratively, don’t perform its administrative duty or not proper to urge the administrative law enforcement agencies and officials to perform the law enforcement responsibility and obligation properly. Its nature should be defined as a comprehensive system of a management system of supervises a system of administrative law enforcement and a working system. Our state’s carrying out the responsibility system for administrative law enforcement is benefit to enforce the supervise of administrative law enforcement, ensure administration according to law and realize the strategy of governing country according to law; benefit to safeguard the state’s interests and the social public interests and to protect the opposite’s legal rights and interests, and benefit to increase the efficiency of the administrative law enforcement and to promote the construction of honest and clean law enforcement agencies.Marked effects have been reached since the responsibility system for administrative law enforcement is introduced all of our country: The responsibility system for administrative law enforcement is primarily set up; the regular construction of the contingent of administrative law enforcement is advanced; and the sense of administration according to law and responsibility of administrative law enforcement agencies and officials is strengthened. But at the meantime, there exist many shortcomings, for instance, how to cope with problem of the responsibility division of the system of administrative law enforcement; many problems appearing in the process of the concrete practical ways of it; the mechanisms of supervise not perfect and their functions having not developed, etc. When the responsibility system for administrative law enforcement is being in operation, its barriers are multi-leveled, both internal and external. The external barrier is mainly due to the system of administrative management and the main internal barrier is from the defects of the design on the responsibility system for administrative law enforcement. In the aspect of the system of administrative management, the functions of the administrative agencies are with the unreasonable and unscientific disposition, and a portion of administrative law enforcement officials become a barrier to carry out the responsibility system for administrative law enforcement because of their low quality and administration for profit. In the aspect of the design of the responsibility system for administrative law enforcement, the relevant laws are deficient to help to carry out and regularize the responsibility system for administrative law enforcement, and some grounds of law enforcement themselves are with problems, also power and responsibility are not reciprocal, and the agencies of supervise have weak exercise effective supervise.On the basis of the actual analyses on the responsibility system for administrative law enforcement of our country, the thesis puts forward to the ways to perfect the responsibility system. First, we should reform the current system of administrative management, reference the three-part-division system of Shenzhen City to regulate the functions of government and to set up the system of public finance to curb the administration for profits, professionalize the law enforcement officials and be in charge of them with a scientific management. Second, we should design the responsibility system for administrative law enforcement with a scientific concept, set up public system of administrative law enforcement and ascertain responsibility strictly to those who breaks the public system. We should set up the regulation of encouragement and award and the regulation of responsibility’s ascertainment for those who have the fault of administrative law enforcement. To complete the supervise mechanism of the responsibility system for administrative law enforcement and scientifically divide the responsibility competence of each supervise agency of administrative law enforcement is benefit to let each person do his own. Also on the basis of above, we can set up cooperative system among supervise agencies and the mechanism of the controversy settlement for the supervise competence. So we can complete the external supervise mechanism of the responsibility system for administrative law enforcement, perfect the supervise mechanism of the citizen’s participation. Additionally, we should set up a check-up system of the responsibility system for administrative law enforcement, divide laws, regulations and rules scientifically, set up scientific assessment criteria, and complete the ways of assessment.更多还原