The root cause of the difficulty of administrative law enforcement, the problems existing in adminis

Difficulty in administrative law enforcement refers to the difficulties or obstacles encountered by administrative organs and organizations authorized by laws and regulations in the implementation of national laws and regulations, which make it difficult for administrative laws and regulations to be fully and effectively implemented and enforced in the life of the state and society.

The main manifestations of the difficulty in administrative law enforcement can be summed up as failure to abide by the law, lax law enforcement, failure to prosecute those who violate the law, and law enforcement violations. The difficulty of administrative law enforcement, like the difficulty of court enforcement, is a major legal problem facing China in the construction of a country under the rule of law, and the difficulty of administrative law enforcement not only exists widely in all fields of society, but also penetrates into almost every member of society, and this situation of difficulty in law enforcement is still expanding and lasting at present. Although people have bitterly criticized the difficulty of law enforcement, once people are in it, they have to be the ones who contribute to the lax law enforcement.

It's not a good choice.

Now, the judgment of what is illegal and what is not illegal in this society varies from person to person.

In a social system that is not very fair.

Law enforcement is difficult, and the legal awareness of urban management and vulnerable groups is not very strong.

Personally, I think that ** if it can be done fairly and justly.

This will not be the case.

1. If the law enforcement personnel are strong and uncivilized law enforcement (violent law enforcement), it will not cause administrative law enforcement to be difficult at all, but will only be easier. The reality is that violence by law enforcement officers is overly regulated by regulations.

The so-called civilized law enforcement was originally a joke, the traffic police first saluted the lawbreakers, and their aura was lower than that of the lawbreakers, so how could they suppress the lawbreakers?

Civilized law enforcement has been interpreted by some as gentle law enforcement. Enforce the law according to law, and use violence when it is necessary, is the real civilized law enforcement.

2. Because the behavior of the vulnerable group itself is illegal, and it violently resists the law. Thus making it difficult to enforce the law?

That's for sure.

The actions of vulnerable groups are themselves against the law, this is nonsense. If the actions of vulnerable groups are not illegal, do they still need to enforce the law?

The so-called Xiucai encounters soldiers, it is unreasonable, Xiucai law enforcement encounters violent anti-law "soldiers" (metaphor for violent lawbreakers), can he listen to you?

Vulnerable groups "feel that their situation is not good in the first place, and those who are barefoot are not afraid to wear shoes."

If it is a "strong group", it has its own sense of superiority and looks down on law enforcement officers.

Those who support law enforcement personnel are mainly the masses in the middle who are neither humble nor arrogant in the face of law enforcement personnel.

Legal analysis: 1. The concept of law enforcement is misplaced, and the sense of service is weak. Some law enforcement leaders and staff do not start from the perspective of ensuring the healthy and orderly development of the industry, and simply believe that "management is punishment, law enforcement is suppression", and some law enforcement personnel are simple and rude in law enforcement, and the law enforcement attitude is blunt, and they do not act in accordance with legal procedures, so that the administrative power is departmentalized, the departmental power is individualized, and the personal power is interested.

2. The purpose of the punishment is inappropriate. "Education first, emphasis on long-term absence, early warning, slight warning" is one of the basic principles of administrative punishment.

3. The law enforcement procedure is illegal. The Administrative Punishment Law stipulates in detail the steps, methods, time limits and sequences that administrative entities must follow when imposing administrative punishments, and establishes a series of procedures from filing a case, investigating, making a penalty decision and preparing a penalty decision.

4. The format of law enforcement documents is not standardized. Judging from the administrative law enforcement case files sampled, the pre-set columns in the documents are not filled in carefully, comprehensively, and accurately.

Legal basis: Administrative Reconsideration Law of the People's Republic of China Article 6 In any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with this Law:

1) Refusing to accept administrative decisions made by administrative organs such as warnings, fines, confiscation of unlawful gains, confiscation of illegal property, orders to suspend production or business, temporary seizure or revocation of permits, temporary seizure or revocation of licenses, administrative detention, or other administrative decisions;

2) Refusing to accept an administrative organ's decision to restrict personal liberty or to seal, seize, or freeze assets;

3) Refusing to accept a decision made by an administrative organ on the alteration, suspension, or revocation of permits, licenses, qualification certificates, qualification certificates, or other such certificates;

4) Refusing to accept a decision made by an administrative organ on confirming the ownership of land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, tidal flats, sea areas, and other self-owned resources, or making the right to return to the world;

5) Where it is found that an administrative organ has violated its lawful operational autonomy;

7) Where it is found that an administrative organ has illegally raised funds, expropriated property, apportioned property, or illegally demanded the performance of other obligations;

8) Where it is found that the legally-prescribed requirements are met, and an application is made to an administrative organ for the issuance of a permit, license, qualification certificate, qualification certificate, or other such certificate, or an application to an administrative organ for examination and approval or registration of relevant matters, but the administrative organ has not handled it in accordance with law;

9) Where an application is made to an administrative organ to perform its legally-prescribed duties to protect personal rights, property rights, or the right to education for missing limbs, but the administrative organ fails to perform it in accordance with law;

10) Where an application is made to an administrative organ for the issuance of a bereavement pension, social insurance fund, or minimum subsistence allowance in accordance with law, but the administrative organ does not issue it in accordance with law;

The means of administrative law enforcement include administrative inspections, administrative decisions, administrative licensing, administrative rewards, administrative expropriation, administrative punishments, administrative compulsory burial enforcement, administrative contracts, etc. Administrative contracts are the latest formulation. Because there are many types of administrative law enforcement acts, and the problems that arise in different types of law enforcement acts are also different.

Legal basis: Article 6 of the Law of the People's Republic of China on the Punishment of Administrative Departments, citizens, legal persons or other organizations enjoy the right to make statements and defend against administrative punishments given by administrative organs; Those who are dissatisfied with the administrative punishment have the right to apply for a reconsideration of the rent or file an administrative lawsuit in accordance with the law.

Article 15 of the "Governmental Sanctions Law of the People's Republic of China" provides that where public employees have two or more illegal acts, governmental sanctions shall be separately determined. Where two or more governmental sanctions shall be given, the heaviest of them is to be enforced; Where multiple identical governmental sanctions below removal shall be given, the period of governmental sanctions may be determined for a period of governmental sanctions greater than one and less than the sum of the multiple governmental sanction periods, but must not exceed 48 months at the longest.